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Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28077
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Can a 31 year legal US card holder return to the country

Customer Question

Can a 31 year legal US green card holder return to the country after deportation
Submitted: 3 months ago.
Category: Immigration Law
Expert:  Judith replied 3 months ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

If she had a lawyer and appeared before an immigration judge I am not sure why she did not apply for cancellation of removal after being in the US for more than 10 years and no criminal record and hardship to US citizen relatives.

Also her adult US citizen sons could have petitioned her and asked the judge to take jurisdiction of her adjustment based o approved I-130.

Maybe she didn't qualify for that because she entered unlawfully.

But I think you would have a better chance of getting her a waiver of her inadmissibility now that she was deported if you go and marry her and then request an I-601 hardship waiver.

You would probably have to prove that despite not marrying you and she maintained a relationship for many years and have the adult children together and it is a hardship for you to go and live with her since the adult kids are here and hopefully you see a future growing old together with the grandkids in the US.

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