Individual Previously Deported Granted Waiver to Return to U.S. Early

A client faxed to us a letter she had received from the Guangzhou Consulate.  This client had hired us to try to bring her husband back to the U.S. after he was deported and was subject to the 10 year bar for unlawful presence.  We had requested the Immigration Service to send his file to Guangzhou so that he could apply for the waiver at the consualte that would have to be granted for him to be allowed to return to the U.S. and he had submitted the application and a large package of evidence and statements that we had helped his wife and family prepare.  The letter she faxed us was a decision granting his waivers, meaning that he will almost certainly receive his visa to return to the U.S. at his next interview.  Now, he is just waiting for a notice for his final interview to pick up his visa.  The wait has been very long, but our clients are extremely happy, knowing that very few people who have been deported have been able to return to their families in the U.S. Many Americans and even many immigrants believe that as long as you are married to a U.S. citizen you can get a green card.  While we believe the law should allow any immigrant married to a U.S. citizen to get a green card as long as the immigrant has no criminal history, the law currently allows the immigration service to deport many immigrants in this situation.  For example, if an immigrant entered the U.S. without inspection, meaning that he or she just walked or was driven across the border of Mexico, he cannot apply for a green card under any circumstances.  Immigrants such as this were only allowed to apply for green cards under a special law called 245(i) that required a labor petition or a family petition to be submitted prior to April 30, 2001.  Any immigrant who has entered the U.S. without being inspected since then, or who did not have a petition filed by the deadline, simple cannot apply for a green card from within the United States. Also, any immigrant with a deportation order from an Immigration Court, could be arrested and deported even if married to a U.S. citizen.  Under certain circumstances, an Immigration Court may reopen such a case, but motions to reopen are often denied.  Further, certain people with deportation orders can apply directly to the Immigration Service for a green card, but their applications could be denied due to their deportation order, or due to use of a fraudulent passport, or a fraudulent asylum application.  If their application is denied, they could be arrested and deported.  Situations like this are very dangerous, and many immigrants get bad advice from non-attorneys and bad attorneys who promise them they can get green cards, and who often make mistakes that get their clients arrested and deported. Certain spouses of U.S. citizens can return to the U.S., however.  Unfortunately, the process is very long and complicated.  If someone has been deported, they are not allowed to reenter the U.S. for ten years unless they apply for a waiver, which is basically an application for forgiveness, and if that waiver is approved by the Immigration Service.  Most people who are deported need two separate waivers, one that is filed with the Immigration Service in the U.S. and one that is filed with the consulate at their interview.  Both waivers must be approved to allow someone to return to the U.S. after being deported.  Some lawyers do not understand that two separate waivers are required, and if only one of the two waivers is properly filed, this can cause a long delay in processing times. Certain people have other problems in their cases that may make it even more difficult to return to the U.S., such as fraud charges, and findings by an Immigration Judge that they lied to the Court in their asylum application.  Still, the situation is not always hopeless as many people believe if you have a good attorney that knows the process, and does a good job of preparing the applications, they can be approved.  Getting two waivers approved as we did is a true success story.

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