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Desire to return to USA after deportation

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  • Desire to return to USA after deportation

    After being legally married in the US, in 1999-(I am a US citizen), my husband was deported upon return from our honeymoon in Jamaica. His visa had been expired 7 years. We have lived out of the country for almost 15 years and want to return permanently
    Where do we begin??
    Thank you

  • #2
    Had you started any immigration paperwork before you went to Jamaica, or after?
    Did the deportation order include any conditions or reentry bar from a specific amount of time?

    --Ray B

    Originally posted by LisaK View Post
    After being legally married in the US, in 1999-(I am a US citizen), my husband was deported upon return from our honeymoon in Jamaica. His visa had been expired 7 years. We have lived out of the country for almost 15 years and want to return permanently
    Where do we begin??
    Thank you

    Comment


    • #3
      Desire to return to USA after deportation

      We never completed any paperwork regarding immigration. My husband has no recollection of any other restrictions other than time. We have no paperwork whatsoever.
      Thank you

      Comment


      • #4
        Desire to return to USA after deportation

        In fact, he never knew the amount of time he'd been banned.

        Comment


        • #5
          Your best step, then, is to submit an I-130 spousal immigrant package, with supporting documents and the $420 fee, to USCIS. If a specific time period bar is in effect, they may ask you to later submit a waiver form (forgot the form number) to overcome the bar.

          --Ray B

          Originally posted by LisaK View Post
          In fact, he never knew the amount of time he'd been banned.

          Comment


          • #6
            Desire to return to USA after deportation

            Thank you, Ray. If we have no case number to refer to - is that more difficult? Also, what is the likelihood that he'd be denied entry. After all fees/paperwork, etc. Is there no guarantee?If we sell our home here we'd have absolutely nowhere to go. Is it better to pay a huge fee to an immigration attorney?
            Thanks again, so much

            Comment


            • #7
              Denial of entry is not the issue, but approval of the immigrant petition is the first step, followed by processing by the National Visa Center (exchange of additional fees and certified civil documents), then the Consulate interview.

              If your husband is found inadmissible at the Consulate interview, because of his prior visa overstay and deportation, he can then submit an I-601, with fee, and compelling narrative with evidence, to request a waiver from the inadmissibility bar.

              --Ray B

              Originally posted by LisaK View Post
              Thank you, Ray. If we have no case number to refer to - is that more difficult? Also, what is the likelihood that he'd be denied entry. After all fees/paperwork, etc. Is there no guarantee?If we sell our home here we'd have absolutely nowhere to go. Is it better to pay a huge fee to an immigration attorney?
              Thanks again, so much

              Comment

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