Filed I-130 Petition for Spouse over ten years ago. Petition granted. Went to Mexico for Visa appointment which triggered five year bar on his re-entry. Spouse did not wait five years, but re-entered U.S. illegally. Never went to final appointment at consulate and never got Visa. Never heard anything else from USCIS or consulate. Fast forward another five years and he was pulled over for a traffic violation and deported. He is now in Mexico and subject to a deportation order ("warning") making him inadmissible for another twenty years. Plan on filing hardship waiver (I know, tough to get granted) but do I also need to file a NEW I-130, or can I rely on the one that was granted ten years ago? Thanks in advance for your help.
I regret your circumstances. Your original I-130 is likely terminated, requiring you to file a new petition to start the process anew. Having said that however, your husband is almost assuredly inadmissible for a mandatory period of ten (10) years from the date of his last departure due to re-entering the U.S. without inspection five (5) years ago. This would mean, at a minimum, that he would not be eligible to even turn a waiver in for that period of time. Be careful of who you hire as you will likely lose any money you spend towards it at this time. I am so certain of this that I would respectfully decline to take this case under the current law. Perhaps a change to the law this year could eliminate some of these issues. Hang in there.
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