How do I know which immigration waiver to use for my deportation case? 2 Answers as of July 07, 2011

My husband was granted a voluntary departure. I has only entered once and we have filed and i-130. I know that we need to file an i-601 waiver, but since he had "voluntarily departed" do we also need a 212 waiver or is a 212 just for deportations?

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Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
This is not as simple as you think: finding a form to fill out. You need a lawyer to assess your situation and determine a good approach to represent you. Hire an attorney!
Answer Applies to: Florida
Replied: 7/7/2011
Eric M. Mark, Attorney at Law
Eric M. Mark, Attorney at Law | Eric Mark
If you can't figure that out on your own, do you really think you should be going through this detailed, complicated and document-heavy process on your own? Attempting to do an I-601 waiver without an attorney's help is almost guaranteed to fail, and in the end you spend more time separated from your spouse and wind up paying more to a lawyer to fix your mistakes later. If you stubbornly and foolishly pursue this on your own, no waiver is necessary for voluntary departure, but you must make sure your 601 includes all grounds and has all the necessary documentation. This part is easier said than done.
Answer Applies to: New Jersey
Replied: 7/7/2011
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