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my wife now signed a letter that her lawyer told her to sign…

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my wife now signed a...
my wife now signed a letter that her lawyer told her to sign a few years ago stating she would leave the country. her husband at that time became ill and finaly passed away and she stayed careing for her 2 children and working until we met and got married. friday they detained her after our ins hearing. our new lawyer said he couldnt do anything and she was going to be deported. can anyone help me she is sitting in jail now ..a hearing is monday i think
Submitted: 8 years ago.Category: Immigration Law
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6/27/2010
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 8 years ago
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,859
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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It all depends on how she entered the U.S. originally. Did she enter legally with a visa or illegally?
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Customer reply replied 8 years ago
legally on a visa to work on a cruise ship but when she arrived there was no ship to work on
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 8 years ago
Oh no! Don't tell me, she entered on a C-1/D crewman visa?
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Customer reply replied 8 years ago
that i am not sure of ..just know its not fair.. can i get a bond for her or at least do a vouluntary deportation until the paper work goes thru. the ins officers told me all was in order and it would be approved just she has to leave and wait and then return
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 8 years ago

There would be no reason to grant her a bond. A bond would be for her to be released while she filed for some type of relief from deportation. If she entered on a C-1/D, this explains why not even marriage to a U.S. Citizen would help her. If there is no relief available to her, there is no reason to release her. And it is doubtful she could get Voluntary Departure again because she was already given that and she did not leave, even after the emergency situation.

 

But yes, you could petition to bring her back. She will need three things for you to bring her back:


1) You apply for her using form I-130 which can be found at http://www.uscis.gov/. You would do Consular Processing and about 6 or so months later, after it is approved, it is sent to the National Visa Center (NVC) for processing and there it will take a few more months as you send them more information that they ask for, then it is forwarded to the U.S. Embassy or Consulate where she is from and then she would be scheduled for interview.

 

2) She will need an I-601 waiver to forgive the time she spent illegally in the U.S. To get this waiver she will have to prove that her spouse will suffer extreme hardship if she is not allowed back in to the U.S. These waivers are very difficult to get. The reason they are difficult to get is because the 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.

 

http://damascus.usembassy.gov/ina212.html


and here is another link:


http://ciudadjuarez.usconsulate.gov/hcis601.html


Here is a link to what extreme hardship is:


http://www.ilw.com/articles/2007,0717-scott.shtm


3) She will need an I-212 special permission to apply for admission to the U.S. after deportation. She can only apply for this after She has been outside for at least one year. Here is a link to that:

 

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=95cc2c1a6855d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

 

 

So it will be a long and hard fight and will take probably around 2 years before she can come back IF everything is approved, but at least now you know the truth and how to get this done. I am truly sorry because I know it is very unfair.

Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,859
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Customer reply replied 8 years ago
i have already went thru the I 130 process thats what we did friday..they told me it would take 2 months and she could come back.you say 2 years.i am confussed
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 8 years ago

It would take 2 to 6 months to get an approval of the I-130, but she still needs the waivers to come back and the I-601 takes around a year to 15 months or more and the I-212 you can only file for after she has been outside for at least 1 year.

 

Remember, if it was so easy to come back, people would marry and then leave for a couple of months and come back. This process is not meant to be easy. It is meant to be difficult enough so that people don't want to violate the law since it would be easy to come back, but also to give some people hope such as in this situation.

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Customer reply replied 8 years ago
omg i might as well just move there.is there anyway to speed up that i 212? who will raise her children?
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 8 years ago
The children would go with her. And you could move there for a couple of years to go through the process. You do not have to, but you could.
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