Asked about 1 year ago - Miami, FLFlag
I'm married an US Citizen but I was placed in removal proceedings because I overstayed a tourist visa.
I didn't show up to that hearing and left US while in proceedings. I have a deportaton order in absentia
I am in Brazil since 2009 and I have the I130 petition appoved.
What my options to return to USA?
Do I have the option to file I601 and I212? Do I have five years ban with no waiver or not?
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Since you self deported when you departed from the US while in removal proceedings, you will need to file a Form I-212 to request permission to return to this country. You may also need to file a Form I-601 if you accrued more that 6 months of unlawful presence in the US. Both of these applications require knowledge and experience in immigration law. You will need to hire an immigration attorney to help you with your case.
While I agree that you need to speak with an attorney since this case is more difficult than you realize you are likely subject to a 5 year bar under Section 212(a)(6)(B) for failure to appear without reasonable cause to your hearing. This isn't waivable and reuqires you to be outside the US for 5 years. Of course the key word here is reasonalbe. You're going to need a lawyer to explain to the government why your departure was good and why your failure to appear wasn't unreasonable.
Had you remained in the US you may have tried to have he removal order rescinded, however, your only option at this point is to file form I-212 Application for Permission to Reapply for Admission into the United States After Deportation or Removal. (See INA §212(a)(9)(A) for more details). In addition, you mentioned that you overstayed your authorized visit as a tourist - assuming you overstayed 180 days or more after your authorized departure date, you will also need to file form an I-601 waiver as well. It is critical that your waiver application be well supported with documentary evidence. I highly recommend you consult with a competent immigration attorney before proceeding.
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