Can I get an immigrant visa based on my approved I-130 after a 10 year deportation? 9 Answers as of January 20, 2012
I went to US in 2001 on a student visa. I did not attend school in the academic year 2002-2003 because of financial issues. Therefore, my student visa became void. During that period, I filed for asylum and my case was denied. I then got married in 2004 to a US citizen. We filed for a status adjustment. We went for our interview in October 2005 and the I-130 my wife filed for me was approved. But I was told by the immigration officer that I had to be deported because I overstayed my student visa and I was supposed to have lived the US long ago. So I got deported to Cameroon in April 2006 with a ten year bar. The question is how can I get an immigrant visa based on my approved I-130 after the 10 years? I have no criminal records and I am still married to my wife.Free Case Evaluation by a Local Lawyer!
Enter Zipcode or for Immediate Assistance call (888) 428-7281
Have a general legal question? Click hereAsk a Local Attorney. 100% Anonymous. Free Answers.
Or for Immediate Assistance call (888) 428-7281
Free Case Evaluation by a Local Lawyer: Click here
Philip M. Zyne, P.A. | Philip M. Zyne
Have you considered filing for a waiver of the 10 year bar? Your US Citizen wife should set up an appointment with our office and bring in all the documents relative to your case.
Answer Applies to: Florida
Replied: 1/20/2012
Law Offices of Kiran Nair | Kiran K. Nair
If you have remained in native country, or not re-entered US illegally, then you may waive your ten year bars if there are hardship to your USC spouse as a result of you residing in native country. You may contact my office for a free consultation, or another attorney because whether ten bar is waivable depends on your particular facts.
Answer Applies to: California
Replied: 1/20/2012
Law Offices of Grinberg and Segal | Alexander Segal
Your wife can request the case be transferred to the National Visa Center for consular processing. After which, an immigrant visa application will be sent out for you to complete. You will appear for an interview. However, since you were previously illegally present in the United States and deported, you will need a hardship waiver and application for permission to re-apply for admission. These will require you to demonstrate hardship to your wife if you are not allowed to re-enter before the 10 years runs. You cannot file these documents until after the interview, but you can speed up the processing by having everything done in advance of the interview. This is a complex matter and it would be best if you and your wife retain an attorney to assist you.
Answer Applies to: New York
Replied: 1/19/2012
World Esquire Law Firm | Aime Katambwe
What you need to do is to file an I-824 to have the approved I-130 sent over the US Consulate in Cameroon and take it from there. Make sure that you prepare a waiver of condition of inadmissibility ready to be submitted to the Consul/USCIS when they ask for it. The truth of the matter is that you should never have been deported in the first place. Good luck!
Answer Applies to: California
Replied: 1/19/2012
Wildes & Weinberg, P.C. | Leon Wildes
Try to relieve yourself of the 10 year bar by showing that it is a hardship to your wife to be away from the USA. You can apply for an immigrant visa and ask for a waiver of the 10 year bar due to hardship to your US citizen wife.
Answer Applies to: New York
Replied: 1/19/2012
Law Office of Christine Troy | Christine Troy
If you are still in an active marriage and can document that, then you are allowed to apply for an immigrant visa after the ten year ban. I believe your wife needs to file a new I-130 petition, disclose the entire past case and then you go through the three steps to ultimately consular process for your green card. Since the original case was filed in the US, I don't believe you can resurrect that old I-130. However you retain that filing date. Depending upon what the reasons were for your 10 year bar, she can also file an extreme hardship waiver for you before the ten years.
Answer Applies to: California
Replied: 1/18/2012
Law Offices of Svetlana Boukhny | Svetlana Boukhny
It is a bit odd that you were deported even though you entered the US lawfully (on a student visa) and then got married to a US citizen. Typically, in those situations one is permitted to adjust status within the US. However, since you say you were deported, once the 10 years are up, you can apply for an immigrant visa based on the approved I-130, if it is still valid. It may have expired, it which case your wife would have to restart the process on your behalf again from the I-130 stage and then you will be eligible for an immigrant visa once it is approved. The process should take about a year.
Answer Applies to: California
Replied: 1/18/2012
Christian Schmidt, Attorney at Law | Christian Schmidt
You should make sure that the I-130 approval has not been cancelled by the National Visa Center. The approval is otherwise still valid and allows you to apply for an immigrant visa if your marriage is still bona fide.
Answer Applies to: California
Replied: 1/18/2012
LAW OFFICES OF ALAN R. DIAMATNE APLC | Alan R. Diamante
Your wife needs to contact the NVC for processing of the I-130 to the consulate.
Answer Applies to: California
Replied: 1/18/2012
