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I got deported banned for 10 years, I have a petition approved from a family menber.

Vallejo, CA |

I got deported 2 times from the US, first time it was in 2006 for overstay and the second time in 2007 for try to reentry, I received a ban time of 10 years from the first time and another paper saying banned for 10 years at the second time, I also have a approved petition from my grandma but she already passed away there is anything I can do to come back to America? Im not pretending to stay only visit friends and family.

Attorney Answers 3

Posted

Based on the information you provided, it appears that you are not eligible for immigration benefits at this time.

If you are in the United States, then you run the risk of being encountered by immigration officials and being deported again. Or, worse, you could be charged criminally, and you could face prison time.

I strongly suggest that you consult with an experienced immigration attorney about your situation, so that you know what your options are, and what consequences you face.

(734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of Michael Carlin PLLC or any individual member of the office. Confidential information should not be sent through this form.

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Posted

Your best course of action based on the facts presented is to attempt to unring the deportation bell by reopening the two removal cases. You'll need to obtain your immigration court case file and your alien file and your file from CBP, have an attorney analyze all of them and determine if there are any avenues in reopening your case(s).

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Posted

Unfortunately, your grandmother's approved petition was cancelled by the fact of her death. The law provides for reinstatement of revoked I-130 petitions due to the petitioner's death but the requirements are stringent and it applies only to a narrow class of beneficiaries. Unfortunately, you do not seem to qualify as a beneficiary because you were not residing in the US at the time your grandmother died.

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6 comments

Asker

Posted

The petition was approved while I was there does that make any difference? Also I have a sister that is a US Citizen can she file a petition for me?

Obadan Unuigbojie Iziokhai

Obadan Unuigbojie Iziokhai

Posted

It does make a big difference. You then have to get a substitute sponsor for an affidavit of support. But you still need to ask for a special permission to be admitted after your removal. Your sister can petition you but it will take no less than 8-10 years before you can get a green card.

Asker

Posted

OK, I understand, another thing is I got ban for 10 years there is any waiver I can apply to reduce the time? They did not barred me at the point that i cant t go back to America, I was deported at the first time for overstay in 2006 and 2007 for trying to reentry.

Obadan Unuigbojie Iziokhai

Obadan Unuigbojie Iziokhai

Posted

No. The only way you can reduce the time is if you apply for permission known as I-212, and it is granted. The main problem with that is that you need to show that you have a spouse, parent or child who is a US citizen or a green card holder who will suffer extreme hardship if you are not admitted. Even though your sister is a US citizen, she does not qualify.

Asker

Posted

Thank you for your help.

Obadan Unuigbojie Iziokhai

Obadan Unuigbojie Iziokhai

Posted

Goodluck.

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