thank you for answer, it been 4 years already, since i been deported from USA, they told me I can not enter in US 10 years, so I have left 6 more years, do you think I will have chance to get get visa? if yes give me please some tips what should I do or show to them, (I been deported just because my visa was expired, no criminal record at all) thank you very much.
It is possible, but it will not be easy. You would have to file for a B-2 visa which can be found here:
And you would need a 212(d)(3) waiver which is done on form I-192 which can be found at www.USCIS.gov/forms. You can find more information here:
Please let me know if you have any additional questions. I would be happy to answer them for you without additional charge. If there is a delay in getting back to you it is either because I am answering other questions or I had to log off, but I will be back with you as soon as possible. My goal is to provide you with top-notch service - please don't forget to leave me feedback if that is available for you to do so and a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/. Thank you!
10+ years of experience in various aspects of U.S. Immigration Law.
Hello Mr. Senmartin, is it possible to not to wait 6 more years and try to apply early as possible?
To apply for a non-Immigrant Visa, that is the way which I listed above.
To apply for an immigrant visa (to get Residency), if you apply before your 10 year penalty, you will need TWO waivers. The first is the I-601 to forgive the illegal time you spent in the U.S. To get this waiver you will have to prove that your U.S. Citizen or U.S. Lawful Permanent Resident spouse (it can be a parent as well) will suffer extreme hardship if you are not allowed back in to the U.S. These waivers are very difficult to get. The reason they are difficult to get is because your spouse's hardship probably will need to be more than just economic hardship or emotional separation hardship.
You can look at this link to get more information on I-601 waivers. It is from the U.S. Embassy in Syria, but it is a good description and the process should be similar in all U.S. Embassies.
and here is another link:
And here is a link to what extreme hardship is:
And the second waiver is found on for I-212:
And that one is used to forgive the Deportation.
If you do not want to have to apply for both those waivers, or if they deny you, then you will have to wait the full 10 years so that you can apply normally without those waivers.
I am truly sorry.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).