Can my wife still petition for me even im barred from the US for 5 years? 13 Answers as of June 09, 2013

I was caught trying to cross the border illegally and was barred for five years. Do my wife and I have to wait the five years before we start the process for me to come back? Or can we do it now?

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The Law Office of Koichi M. Yanagizawa | Koichi Moseley Yanagizawa
Yes, she can petition you right now. But you cannot receive your green card until you stay away from the United States for 5 years.
Answer Applies to: California
Replied: 8/20/2011
Calderón Seguin PLC
Calderón Seguin PLC | Ofelia L. Calderon
You may be eligible to file a waiver, but you will need to discuss your case in more detail with an experienced deportation lawyer to make that determination.
Answer Applies to: Virginia
Replied: 8/19/2011
Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
If you do not want to wait 5 years, you should apply for a waiver of deportation only if you were not in the US illegally before that. in that case, you are barred for 10 years and will need to apply for the waiver at the end of the 10 year period.
Answer Applies to: Nevada
Replied: 8/19/2011
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
You can do it now if you were given the choice of Voluntary Departure. Just make sure that you file a very good and well prepared waiver after the interview when prompted by the Consular Officer. Get a lawyer to do it. Good luck.
Answer Applies to: California
Replied: 8/19/2011
The Law Offices of Kristy Qiu
The Law Offices of Kristy Qiu | Mengjun Qiu
Yes.
Answer Applies to: Florida
Replied: 6/9/2013
    Fong & Associates
    Fong & Associates | William D. Fong
    It depends on whether or not you qualify for a waiver of the 5 year bar.
    Answer Applies to: Texas
    Replied: 8/19/2011
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    Your wife can still petition for you though you are subject to a five year bar. If an immigrant visa is available before the 5 year period runs, you may be eligible for a hardship waiver and allowed to receive an immigrant visa prior to the 5 years running. This is a complex matter and should be handled by an attorney.
    Answer Applies to: New York
    Replied: 8/19/2011
    Verdin Law Firm, LLC
    Verdin Law Firm, LLC | Isaul Verdin
    She can initiate the process, but you will have to file waivers.
    Answer Applies to: Texas
    Replied: 8/19/2011
    GK Law Firm
    GK Law Firm | Galorah Keshavarz
    You must wait the mandatory barred period before you can file an alien relative petition.
    Answer Applies to: California
    Replied: 8/19/2011
    Law Offices of Caro Kinsella
    Law Offices of Caro Kinsella | Caro Kinsella, Esq.
    if you do it before the 5 years you will need to file a waiver.
    Answer Applies to: Florida
    Replied: 8/19/2011
    Hugo Florido ESQ.
    Hugo Florido ESQ. | Hugo Florido
    Yes she may still petition. You may require a waiver should you wish to re-enter within the time bar.
    Answer Applies to: Florida
    Replied: 8/19/2011
    Feldman Feldman & Associates, PC
    Feldman Feldman & Associates, PC | Lynne Feldman
    You can do it now most likely with a waiver provided she is a U.S. citizen; you don't have other unlawful presence in the U.S., no criminal charges, etc.
    Answer Applies to: California
    Replied: 8/18/2011
    Law Office of Christine Troy
    Law Office of Christine Troy | Christine Troy
    Depending upon what kind of bar you received, she may be able to file a green card application and then file an extreme hardship waiver for you to waive the five years. You DO NOT want to try to enter illegally again. If you are caught, you can face federal prison time and also a permanent bar to obtaining a green card.
    Answer Applies to: California
    Replied: 8/18/2011
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