Is it possible to file a extreme hardship waiver if the person has a deportation in 1999?

Asked almost 2 years ago - Arlington, TX

We have been married for 13 years with 2 children. I do suffer from a mental illness and have been hospitilized 2 times with ongoing treatment.

Attorney answers (3)

  1. Irene Vaisman

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    Contributor Level 20

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    Answered . you first need to take care of the 1999 deportation order. Schedule a consultation with an experienced attorney to discuss

    This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.
  2. Michael E. Piston

    Contributor Level 12

    Answered . Yes, its possible, assuming that you are a U.S. citizen or permanent resident. The first step in a case like this would be for you to file a petition for your spouse. Once it is approved an attorney would have to take a look at the nature of his removal order. If he was found "inadmissible" by the Court he could then apply for permanent residence with the USCIS. But if he was found "deportable" then he would have to ask the Immigration Court or Board of Immigration Appeals to "reopen" his case. This can only be done if the Department of Homeland Security agrees, or if the Court or the Board finds "exceptional circumstances" for reopening. If the case cannot be reopened then the only way he could apply for permanent residency is to leave the U.S. and apply for an immigrant visa at a consulate. Only after he leaves the U.S. is he eligible to apply for a waiver. Whether he wants to take that chance is a difficult decision. On one hand it does sound likely that you would suffer extreme hardship if your husband wasn't granted a waiver, but since such waivers are "discretionary" there is no way to know for sure what the outcome will be in advance, and he may be stuck outside the U.S. for at least 10 years if the waiver fails. On the other hand, if he remains in the U.S. he may qualify to get residency in the U.S. if "Comprehensive Immigration Reform" is enacted in the future, which is now widely expected.

  3. Myron Russell Morales

    Pro

    Contributor Level 16

    Answered . He may have some issues that prevent him from eventually obtaining permanent residence if he re-entered illegally or without permission.

    This answer is not to be construed as legal advice. For a free telephone consultation, contact us now at:... more

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