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I601A question with previous deportation order but never left and married to a U.S. citizen for 20 years and have kids.

Cupertino, CA |

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?

thank you.

Attorney Answers 3


  1. His attorney has advised him of the options. it is up to him to make his decision based on his comfort level with each. There are no guarantees on any of them.

    This is a general answer only and does not imply that I am your attorney giving advice with full knowledge of all the particulars of your case or that there is any attorney client relationship. I strongly urge you to retain experienced legal counsel who can better advise you once they have reviewed all your documentation and are fully apprised of the details of your case. Rebecca Black Immigration 5800 Beach Blvd. Ste 203-176 Jacksonville, FL 32207 904-999-4928 Tel & Fax


  2. Proving extreme hardship is the problem with the 601 waivers. The truth is that either filed here or there the standard is the same to win. However if the 601A is finalized then the person has better chance of not being stuck abroad. As for Romney only God and Romney knows!

    Shah Peerally, Attorney at Law President of Shah Peerally Law Group PC Newark CA Important: The above is provided for educational purposes only. You should not act or refrain to act solely based on the information provided. Cases differ and success in one case might not constitute guaranty of success in your case. We recommed to talk to a licensed attorney before you proceed. For more information on call us on 510 742 5887


  3. 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

    The information offered is general in nature and not meant to be relied upon as legal advice. Please consult an attorney prior to making legal decisions. Visit us at www.tunitskylaw.com. Contact us at 713.335.5505 or email at veronica@tunitskylaw.com. Veronica Tunitsky offers in-person, as well as telephone and email consultations.

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