Immigration Law

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Questions about Deportation Law

If someone is under deportation proceedings for staying even after their work visa was denied, can they leave under a voluntary departure, and will the 10 year bar still apply?

They may leave the USA through a Voluntary Departure. However, more than likely there will be two 10 year bar periods — 1 for having a deportation order to begin with, and 2 for overstaying. The only way to come back sooner than the barred time would be to have an I-601 waiver granted for hardship. Extreme hardship is very hard to prove since it can only be used for a spouse or parent in most cases.

If someone facing deportation because of the denial of asylum gets married to a US citizen what are the next steps to take?

Your spouse should file a I-130/I-485 Packet (Petition for Alien Relative) so that you can adjust your status in the United States without returning to your home country if you initially entered the US legally. The entire process takes a little over a year and would require that you take a Biometrics exam and that you and your spouse be interviewed by a USCIS officer who will determine if you married for the purpose of obtaining permanent resident status. If approved, you would be issued a conditional permanent residence card if you have been married less than two years at the time that your spouse filed the petition on your behalf.

If a person is deported to Canada because of a Federal Offense, can they collect social security at age 65?

If you are a U.S. citizen, you may receive your Social Security payments outside the U.S. as long as you are eligible for them.

If you are a citizen of another country and not a U.S. citizen, your payments will stop after you have been outside the U.S. for six full calendar months unless you meet one of the following exceptions:

• You were eligible for monthly Social Security benefits for December 1956; or
• You are in the active military or naval service of the U.S.; or
• The worker on whose record your benefits are based had railroad work which was treated as covered employment by the Social Security program; or
• The worker on whose record your benefits are based died while in the U.S. military service or as a result of a service-connected disability and was not dishonorably discharged; or
• You are a resident of a country with which the U.S. has a Social Security agreement. Currently, this list includes Canada.

If someone has been issued a deportation order and was assured that within two weeks they would be deported to India, how long should it actually take and what is the procedure?

Essentially the procedure requires ICE to contact the Indian government to verify that they are citizens of India and that India is willing to take them. They must also verify that the passports are in order and if they are not, they have to request the Indian government to issue a new one and of course that takes time. Other than that, there isn't much you can do as it is just mainly how busy the deportation officer is and how slow the communications are between the U.S. and India. If you have more questions regarding illegal immigrant deportation, deportation law, or deportation proceedings the Immigration Lawyers on JustAnswer can answer your questions.

If someone was deported to Mexico for a felony that occurred in 2006, since their probation is over, can they apply for a green card?

There are three things that can be done: First, apply using form I-130, an I-601 waiver to forgive the time they spent illegally in the U.S. To get this waiver they will have to prove that their spouse will suffer extreme hardship if they are not allowed back in to the U.S. The I-601 waiver also needs to be used to forgive their crime. They will need an I-212 special permission to apply for admission to the U.S. after deportation. This can only be applied for once they have been outside for at least one year.

If you are facing deportation or have specific legal questions about deportation proceedings, bring your questions to Immigration Lawyers on JustAnswer – get answers quickly to complex legal issues and get pointed in the right direction.
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