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 ?
3 Answers from Attorneys
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.
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.
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]
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Thanks and best regards,
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