i lived in Ohio, for almost 18 years,came to the united states legally, went to college, and over stayed my visa, tried to get my papers done through a business, but the tax ID # that was provided to me, was missing some #s, and then i got married ( 2004 ) but never applied for anything, due to some issues that if i over stayed my visa or was illegal for over a year i will be deported immediately and wont be allowed back into the USA for almost 10 years. so decided not to apply for it, then i got a divorce 3 years later ( 2007 ), in 2009 i got arrested due to a mail fraud ( receiving a stolen property and ship it through USPS) in 2012 i signed the deportation documents to leave the USA. i was not deported due to my conviction, it was due to over staying my visa. what can i do to come backif i get married to an american citizen, can i still be able to come back? i know the document i have signed on, stated that i can try to come back in 10 years. but what i understood from the agent that i can file for a waiver and if i get married that she can petition me. again i dint get deported for my conviction, but my deportation process was due to my over stay. please update me , thank you for your help in advance
Your conviction needs to be analyzed to determine if there are any grounds of inadmissibility that would bar you. Assuming there are not, you'll need an approved visa petition, an approvec I212 and an approved waiver for the unlawful presence.
You need to retain a lawyer to evaluate your conviction and other issues for grounds of inadmissibility.
An attorney-client relationship is not formed by my responses to questions on Avvo. My responses are not intended to be legal advice and must not be relied upon as legal advice.
You should contact an immigration attorney directly to have your criminal history analyzed. The fact that your removal did not involve your conviction may help if it allowed you to avoid additional penalties, but it does not relieve you of your responsibility to establish your "admissibility" at the time that you apply for an immigrant visa.
Please note that he information above is general in nature and is not intended to create an attorney-client relationship between us. It is intended simply as background material, is current only as of its indicated date, and may not include important details and special rules that could be applicable to your case. You should consult an attorney directly before acting or refraining from action.
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