Can I marry and immigrate my girlfriend who has been deported? 3 Answers as of July 06, 2011

My girlfriend has been deported and has the 10yr bar, she has 2 U.S. born children 14,21 we have been married for 1 year out of 2 years that she has been back in Mexico, do we have to wait the full 10 years before she can come back to the U.S.?

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Baughman & Wang
Baughman & Wang | Justin X. Wang
She will need to file I-212 to seek permission from DHS to reapply for admission after deportation. If approved, the ten yearbar will not be applied to her and she can immigrant to the US (provided she is otherwise eligible). Her 21 year old son should file I-130 for her before she files I-212.
Answer Applies to: California
Replied: 7/6/2011
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
Although the 10-year bar law has been in the books for some time now, USCIS did not apply it as strictly as they are doing of late. These days, once you have been deported from the US, you are most likely to get and spend 10 years prior to filing any type of a waiver to come back in. I don't think your girlfriend's case is going to be different. I hate to say it but it looks like it in this case. My observation is that the more recent your deportation, the more likely you are spending 10 years abroad. Sorry but good luck just the same.
Answer Applies to: California
Replied: 7/6/2011
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
You are eligible to file a green card application for her. It is a three step process. She then needs to file an extreme hardship waiver at the US consulate. If she wins, they will waive the ten year bar.
Answer Applies to: California
Replied: 7/6/2011
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