Hire an attorney. She is subject to a ban and therefore needs a waiver because she was deported. The short duration of her overstay is superseded by the deportation.
Samuel Ouya Maina, Esq. 415.391.6612 firstname.lastname@example.org Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104
I would recommend you speak to an experienced immigration attorney to discuss your petition facts in particular. If she was removed/deported for overstay, she may be required to stay out of country for five years. You should explore possibility of modifying removal order to voluntary departure.
If she was married and you apply prior to her removal for I-130, are you U.S. Citizen. There could be an issue of good faith marriage. I -212 waiver can be applied at a consulate . However, first you need to have an approved I-130 petition.
Madhu Kalra Kalra Law Firm 23720 Arlington Avenue, Ste 5 Torrance, Ca 90501 (310) 325-9012
I agree you need a lawyer. You need someone with experience with I-212 waivers. The very question of where to file is an example. I am fairly certain that you will file the I-212 at the field office having jurisdiction over the geography where the immigration court ordered your wife deported. You also need a lawyer to make sure you develop and document all the evidence that will make your I-212 approvable.
At a minimum, contact an attorney for a consultation.
[I have experience with I-212's.]
Andrew M. Bramante, Rosner Partners, 216-771-5588. Free telephone consultation. You should always consult with an experienced immigration attorney to make certain that the advice you received is appropriate for your particular immigration case.
I agree with my colleagues. consulting with an attorney is a good idea under the circumstances.
NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: email@example.com; Phone: (866) 456-8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.