How long do I need to wait do immigrate after being deported? - Immigration Law Questions and Answers-

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How long do I need to wait do immigrate after being deported?

I was arrested in 2008 for driving without a valid license, and having expired tabs after which I was deported when the police found out I was in the country illegally. At the police station I never filled out any kind of paperwork because I offered to leave the country voluntarily, and only was arrested one time before this but, all charges were dropped and I was released with a clean record. Other than this one deportation I have a clean record. I have just recently gotten married to my wife of 9 months in my native country of Mexico and she is a Us citizen. After talking to a lawyer who said I had to wait five years from the day of my deportation to even file for any kind of citizenship, my wife decided it would be better for us to just wait together here in Mexico. I left for the US when I was just 14 years old and graduated from high school there so I am just wondering what kind of choices my wife and I have, if we have any at all. Thank you.

Answer By Aime Katambwe
World Esquire Law Firm
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It sounds like you were granted voluntary departure. You do not have to wait to file a visa petition. Usually for someone who has lived here as long as you have (with a clean record), they would ask you to remain 5 years abroad before seeking admission to the US. They are getting stricter about the time bar to previous illegal entrants. However, in my view you should begin the immigrant visa process right now and if you have a compelling reason why a waiver of a condition of inadmissibility should be granted to you, then I say go ahead and start the process. If you are going to be successful, then I think your wife should come back to the US with your children after a while; clearly some time before the waiver is submitted on your behalf. Your 5 year bar can be broken. That is what waivers are for and the USCIS can waive any condition they see fit at any time. Good luck!

Answer Applies to: California
Replied: 5/17/2011

Law Offices of Caro Kinsella
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You can have your wife petition for you, and because you left the U.S. Voluntarily then you can re-enter the U.S. Immediately-that is the whole point of taking voluntary departure so you can re-enter without having to stay outside the U.S. However, I don't know the full facts on your case, and so would have to consult with you.

Answer Applies to: Florida
Replied: 5/14/2011

Answer By Floyd Fernandez
Pacifica Legal Services
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I would have to say that your wife has a difficulty, however. For her to be able to petition you, she can do so with an I-130 petition. However, for her to be a financial sponsor she must reside in the USA, or obtain co-sponsors who have been in the USA. You will have to obtain permission to file for legal residency through Section 212a of the Immigration Act (INA), to have the five year bar lifted early. Your DUI will not be a bar to you. The work of getting permission and application to obtain legal residency will take a while. You will need an attorney. If you wish, please feel free to contact me to set up an in-person or phone consultation.

Answer Applies to: California
Replied: 5/14/2011

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