How do I come back to the US if I was deported with an approved I-130? 2 Answers as of September 03, 2014

I was deported 8 and a Half years (in April 2006) ago from US with a 10 years bar for overstaying my student visa. My us citizen wife with whom I was married in 2004 filled I-130 petition on my behalf that was approved just a few months before my deportation. Assuming that I will be able to use my approved I-130 to get an immigrant visa after the ten years, I would like to know where to start from and knowing that I still have about one and a half year to go with the bar, Is it the wright time to start the process.

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Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
You cannot come back to the US until you have satisfied the conditions of your deportation order. As for whether the petition is still valid, that is something you or your wife would have to find out from USCIS and/or NVC. Typically, if no action is taken within 1 year after approval, the petition is revoked. However, if you are still married and the marriage is bona fide, your wife would be able to file a new I-130 on your behalf.
Answer Applies to: California
Replied: 9/3/2014
Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
More information is needed. You need to schedule a consultation with an experienced immigration attorney.
Answer Applies to: New York
Replied: 9/3/2014
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