If my wife was ordered deported in a court hearing in Los Angeles in the year 2000, that she did not appeared, does that means that she has a 10 year penalty ? if that is true, that happened 13 years ago, does this mean that she is cleared now ? she left this country 5 years ago voluntary, so the deportation 10 year starts at the day a judge ordered it ? or starts at the day she left the country ? We applied for her green card via my oldest daughter and we are hoping that this can still apply and she can get her green card now, she is in Brazil with our 2 american citizen children, for 6 years and we are struggling to keep up with the expenses, the separation of our family and we need help, help us fix this please, the pain is now immense as i had bad advice all around, thanks a lot.
Bars begin when one leaves the US.
You really need to retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
2 lawyers agree
I agree with my colleague- the bar would be triggered by the departure from the United States. However you may have other options, if the order was done in absentia ; it is unclear from your question whether it was or not and what led to the order of removal. Seek counsel and retain someone with a lot of experience. Don't just get advice from a multitude of attorneys but find someone you trust, with a great deal of experience and see what your options are. Search Avvo; for someone who is the best in your area (Florida or South Florida) Finally, never post info such as the A# or other info - not a good idea because these are confidential.
No attorney-client relationship is created or implied by this communication. To contact this attorney see his profile; attorney number: 281-733-2875.
1 lawyer agrees
Based upon the information you have provided there are a number of inconsistencies. First, it is not a good idea to post identifying information in a public forum. That being said, assuming the identifying information is correct, Immigration Court records show that the removal proceedings were terminated and no deportation order was entered. In that case, it would appear that your wife's departure from the U.S. subjected her to the 10 year bar of inadmissibility based upon her unlawful presence and this would begin to run from the date she departed the United States. In such a case, the period of inadmissibility can be waived upon a showing of extreme hardship to the alien's U.S. citizen or lawful permanent resident spouse of parent (children do not qualify).
There is obviously a long history to this case which will need to be reviewed before any recommendations can be made. Consult with an experienced immigration attorney who can review the case, advise you what needs to be done and what to expect, and how best to proceed.
While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.