Legal Question in Immigration Law in Ohio

If a person appeal to do a voluntary deportation is she/he can possibly can return back to us if they will petition as a fiancÚ visa ?

Asked on 5/14/13, 7:38 pm

3 Answers from Attorneys

Michael Brandabur Brandabur Law, LLC

The answer is yes, however, there are a number of very important and significant qualifiers to the answer. First and foremost, during the process of obtaining the fiancee visa, immigration will likely find that there was a period of "unlawful presence" in the US. If that period was 6 months but less than one year, then there is a 3 year bar to re-entry. If that period was more than one year, then there is a 10 year bar to re-entry. But, you can then seek a waiver (aka I-601 waiver) of the 3/10 unlawful presence bar.

This is not the only consideration. I would strongly encourage you to take the time and likely very small amount of money, to go and consult with a KNOWLEDGEABLE immigration attorney. This is a VERY fact dependent analysis, and there may be aspects of the person's history that creates other problems. Additionally, other alternatives may exist.

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Answered on 5/14/13, 9:28 pm

Philip Eichorn Hammond Law Group

Possibly but the facts and circumstances that led to the removal proceedings and the grant of voluntary departure do impact what waivers are necessary. You should retain counsel for any filings with USCIS to ensure all grounds of exclusion are addressed.

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Answered on 5/15/13, 9:56 am
Rahul Manchanda, Esq. Manchanda Law Office PLLC

If you have been deported from the United States either voluntarily or forcibly by an Immigration Judge and/or Immigration and Customs Enforcement ("ICE") and/or Customs and Border protection ("CBP"), there are many legal mechanisms and methods for you to return to the United States.

For example you can always file a Motion to Reopen or a Motion to Reconsider (even if you are outside the United States) and you can always file petitions that you may be eligible for regardless of whether you are currently outside the USA. You may also be eligible for a I-601 Hardship Waiver and a Petition to Re-Enter the USA with Form I-212.

Furthermore you may still be able to attack criminal convictions collaterally that resulted in your deportation proceedings and clean up your criminal record.

In some cases if you file a Motion to Reopen or a collateral attack on your Criminal Conviction through a successful Motion to Vacate, you might be able to persuade a Judge to issue you a subpoena so that you can testify personally in your Immigration Proceedings or even in Criminal Court, either federal, state, or local if you can persuade the Judge that your personal testimony is absolutely essential in furtherance of justice.

For further details, information, and a free consultation to see if you qualify, please call our law office at (212) 968-8600, toll free at (866) 426-5628, or email us at [email protected]

I have been doing this for more than 11 years and I know what I am doing.

Thanks and best regards,


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Answered on 7/30/13, 5:12 pm

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