My uncle received the deportation order(illegal entering through Mexico) in 1986 El Paso but never left. He has wife(U.S. Citizen) married for 20 years and two children (who became U.S. citizen through his wife). He said he contacted the lawyer and he has a few options.
1. he can apply to re-open the case with the concession from the court. He said this is possible but not easy.
2. He can leave the country and apply extreme-hardship waiver while staying in Korea.
3. He can wait until new provisional I601A to be effective and go from there.
He runs the small business and his wife completely relies on him for the living. Experts, which option would you recommend?
Also, what is the chance of provisional law be effective and will Romney being president remove it?
It is unclear whether your uncle would be eligible to partake in the provisional waiver program because the proposed rules suggest that persons with prior deportation orders would not be eligible. The only ground of inadmissibility the provisional program would waive is unlawful presence.
Have to wait for the final rules to be published in order to have a concrete answer.
Having said that, the government would look at your uncle as a deportation absconder since he failed to depart pursuant to an order of deportation. In a prices that is heavily discretionary, he would have to show why he merits a favorable exercise of discretion and how his qualified relatives would suffer extreme hardship.
This is no easy feat as I advise you to consult with an attorney who is experienced in waivers. You can visit my website to find a lot of free information about waivers and contact me if you'd like a consultation: http://www.tunitskylaw.com/I-601_Waivers.html
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