Legal Question in Immigration Law in Ohio

Re-Entry

My husband and I decided to process a visa application along with submitting an I601 and I212. However, we were not informed that we may have needed to also process a re-entry application prior to leaving the country. My husband left the country voluntarily to make our applications from his country to get back into the United States legally, now I'm afraid he may not be able to return for 10 years. I believe we were ill advised and want to know if there is a way to correct this. Our application has not been denied at this point (we are still waiting to hear a response).

Help,

Mary


Asked on 6/09/06, 1:59 pm

1 Answer from Attorneys

Yano Rubinstein Hinshaw & Culbertson LLP

Re: Re-Entry

A re-entry permit is for legal permanent residents who plan to be outside of the United States for more than 6 months. It sounds like your husband was in removal proceedings and accepted a grant of voluntary departure? It is not completely clear to me under what circumstances he left the US. Even if he left under a grant of voluntary departure, the waiver is still necessary because due to unlawful presence he will still face either a three or ten year bar. The processing time for adjudicating these waivers (i-601) depends on the country that he has returned to. In some countries the process may take 1-2 years. Also, this waiver is based on extreme hardship to the spouse or parent, which can be difficult to prove. He may have been ill advised to leave the US, but once he has left the US he does not have many options except to vigorously prosecute the waiver application with the embassy and try t consular process back into the US. This is a very complicated and lengthy process and I strongly advise you to retain counsel. Our firm has extensive experience dealing with these types of immigration matters. Feel free to call Cindy Scribe at 415.277.1900 for a no-cost consultation.

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Answered on 6/09/06, 3:13 pm


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