Do I need to file another I-130 if previous I-130 was granted, but never finalized and spouse was later deported?

Asked over 1 year ago - Los Angeles, CA

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.

Attorney answers (3)

  1. Richard Bennett Bracken

    Pro

    Contributor Level 6

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    Answered . 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.

  2. Alexander Joseph Segal

    Contributor Level 20

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    Lawyers agree

    Answered . YOu do not need a new I-130 for the same person, but you have a larger problem now.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  3. J Charles Ferrari

    Contributor Level 20

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    Answered . Most likely yes, a new I-130 will need to be filed.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more

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