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

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.

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Attorney answers 3

Posted

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.

Posted

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: info@moralespllc.com (512) 215-5235 Austin, (214) 377-4822 Dallas, (713) 242-1783 Houston, (210) 957-8845 San Antonio Please dial extension 500

Asker

Posted

What would be those issues?

Myron Russell Morales

Myron Russell Morales

Posted

Illegal re-entry, Permanent Bar to Admission.

Michael E. Piston

Michael E. Piston

Posted

Not to mention criminal convictions or immigration fraud.

Asker

Posted

Well he rentered because we had a 4 month old daughter and I could not pay my bills and take care of her without him.

Michael E. Piston

Michael E. Piston

Posted

That changes things considerably. If he reentered the U.S. without inspection after being deported then he may be subject to a permanent bar and wouldn't be eligible to apply for a waiver until he has been outside of the U.S. for 10 years.

Posted

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.

Asker

Posted

What are the steps of getting rid of the deportation? What application do I need to file?

Irene Vaisman

Irene Vaisman

Posted

a motion to reopen with the court or the BIA depending on what was the last entity - retain an attorney, you should not be doing this on your own

Asker

Posted

So basically I was just told he is under a permanant bar since he was deported and than reentered??

Irene Vaisman

Irene Vaisman

Posted

if he re-entered after a deportation order, he needs to live 10 years outside of the US before any benefits can be given. If you found my answers helpful, kindly mark it so. Good luck to you.

Asker

Posted

Yes You have been very helpful. His deportation was voluntary not ordered does this change anything?

Irene Vaisman

Irene Vaisman

Posted

question then: why did he take the VD order if you are a USC and married? Were you represented? again what's the felony? when did he take the order? maybe you should really consider a consultation with an attorney (me or anyone else) to discuss options

Asker

Posted

He was on his way to work in West Texas with his company and was stopped by a state trooper who called immigration on them. Then he was deported.

Asker

Posted

I just dont think this provision is fair. All the applicants have comitted a crime and came in the US illegally they just didnt get caught! So the people that were caught and have been deported have to suffer. This whole immigration system is a big joke! I have heard of people with multiple DWI's drug charges assault charges getting green cards. My husband is a good guy and has never broke the law! He works hard and just wants a better life thats all!

Irene Vaisman

Irene Vaisman

Posted

no one said it was a fair system. there are a lot of experienced attorneys in your area, maybe you can speak to one or a few

Asker

Posted

Ok thank you for your responses!

Irene Vaisman

Irene Vaisman

Posted

you are welcome and good luck to you

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