Can I adjust the status after deportation? 8 Answers as of July 16, 2012

The problem that you had is that you were removed or deported from the USA under a court-order or expedited removal done by Immigration & Customs Enforcement (ICE). You had a 10-year ban from even applying for legal residence, which you had to serve in Mexico. Returning to the U.S. subjected you to have that ban increased to 20 years, none of the time of which was acceptable. Even the I-601 application for waiver, which would follow your husband's petition on your behalf, is likely to be denied, for you are ineligible. Only in an extraordinary application called "nunc pro tunc" is that possibly waived. But I don't think that will likely work. Worse, if you return to Mexico and then attempt to return, it will actually trigger a third violation, rendering you permanently barred. The application for prosecutorial discretion, under the new DHS program is unlikely to work, like with "nunc pro tunc" action.

Possibly, but it will be difficult and you need to ascertain whether you are eligible for waivers. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your case. He/she would then be in a better position to analyze you case and advise you of your options.

You can be barred for another 10 years because you re-entered immediately after you were removed. USCIS looks at it unkindly and thinks that you have no respect for US laws. I strongly recommend the you see an attorney face to face if you are still here in the US so a strategy can be mapped out for your return. In my view, your next move will determine whether you are barred for another 10 years or get your immigrant visa.

Permission to Reenter, Consulate Processing and Waiver of the 3/10 year bar There are three packages that must be completed. The Consulate Processing, the Permission to Reenter and the Waiver of Inadmissibility. A Consulate Processing package needs to be done for the Family Petition. This is a petition that will allow your loved one to come to the U.S. Our firm can prepare the Consulate Processing package which goes through U.S. Immigration, the National Visa Center and then the Consulate, so it goes smoothly and correctly. A Waiver of Inadmissibility will have to be obtained. This is a package that will include a legal brief, forms, documents, exhibits and declarations. My firm can prepare the entire waiver, and attach all of the necessary documents. It will take several months for the decision, and if done correctly, there is a good chance of an approval. The Waiver essentially makes the ground of ineligibility (i.e., the 3/10 year bar) disappear so that the you will be allowed entry into the U.S. You will also need to have a Permission to Reenter done so that the deportation bar will be lifted. This is a complete package that goes to the District Director to allow entry into the U.S. many years prior to when the deportation order would allow.

You may have more issues to deal with than just the prior deportation.