Thanks for your inquiry. This is definitely one of those difficult cases where the advice of an attorney would be very helpful. Let's discuss the framework here and then how to handle the processing of the case.
Once someone is removed from the US, he is generally rendered inadmissible to the US for a period of ten years. In other words, someone removed from the US is barred from returning to the US for ten years if he does not otherwise obtain the prior approval of the US government. The application to obtain this prior approval is the Form I-212.
Now often times, someone who is removed from the US has also accrued what is called "unlawful presence" in the US and this can result in a separate bar either for three or ten years. If you are subject to the unlawful presence bar, the application to obtain approval to return prior to expiration of either the three or ten year bar is filed on a Form I-601.
Generally, an application to return to the US based on a family member petitioning for you would start with an I-130. This would be filed with USCIS and once approved would be sent to the National Visa Center (NVC). The NVC is an office within the Department of State that acts as a go between which processed approved immigrant visa petitions and then prepares the approved petition for the eventual application for an immigrant visa through a US Consular Office (USCON) abroad.
So the way this works is that the I-130 is approved, it is sent to the NVC, the NVC gathers documents and forms and sends it to the USCON and an interview scheduled. At the interview, the visa is denied because of the grounds of inadmissbility which have arisen as a result of being deported and/or having accrued a period of unlawful presence. The appropriate waiver applications are generally filed with the USCON and then sent to the CIS foreign office with jurisdiction over the USCON and the waiver applications processed.
You may have heard about the January 2012 announcement by the Obama Administration that it will start a process of changing the rules on how these waivers are processed for certain immigrant visa beneficiaries. Keep in mind that these rules have NOT gone into effect and that the process which I described above is still in effect.
Long and short on this one is that this is complicated and you definitely want to know what is going to happen and how it will happen rather than start filing paperwork thinking that you are doing it correctly only to find out that you are not. The unlawful presence waiver application requires the applicant to establish "extreme hardship" to certain qualifying relatives and a trained and licensed professional can definitely help you establish what is needed for these applications to be approved.
Different times. I can not stress enough how difficult this is.
Hire an attorney
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Neil I Fleischer (513) 977-4209 www.immigrate2usa.com
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Neil I Fleischer
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No. I you have been removed, you will need to receive a waiver to be admitted to the U.S. Waivers are complex, and you will need the assistance of an immigration attorney to have any chance is success.
File the I-130 first. Wait until the US Consulate has processed the DS-230 and follow their instructions for filing the waiver forms .. if needed.
www.capriotti.com -- firstname.lastname@example.org -- Senior Legal Counsel -- Capriotti International Law -- Legal disclaimer: This answer is offered for informational purposes only. It does not constitute an attorney-client relationship. Contact the American Immigration Lawyers Association www.aila.org for a referral to an experienced immigration attorney.
Waivers require much, much more than merely filling out and filing a form. You need to retain an experienced immigration attorney to maximize the odds of success and to avoid costly mistakes.
J Charles Ferrari
Eng & Nishimura
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.
If you have been removed you cannot file these forms together. They must be filed at different times and in different locations. Additionally, whether the case is viable will depend upon why you were deported. Some grounds of deportation cannot be waived. Generally speaking, these are complicated cases which are best handled by competent counsel.
Prior to taking any action to avoid disappointment and the unnecessary loss of time and/or expense, consult with an experienced immigration attorney. It will be well worth the time and cost.