After your spouse gets deported from the U.S. it can be difficult to bring them back into the country lawfully especially if they had an immigration-related issue or lack of legal status. However it is not impossible.
Assisting a Deported Spouse to Return to the U.S.
Foreign nationals who are deported from the U.S. are generally made to leave because they either had no lawful immigration status or because they violated the terms of their visa, U.S. green card or other lawful immigration status.
For example, the foreigner might have entered the country without inspection (probably by crossing the border illegally), or they might have gotten arrested and convicted of a crime, or been suspected of being involved in terrorist or drug activity or even human smuggling.
Deportation for a Crime or Security Violation is Hard to Overcome
There is very little that can be done for a spouse that was deported for committing a serious crime or a felony or participating in terrorist activity; not without waiting until many years have passed by. Seek an expert immigration attorney’s help before moving forward with helping your spouse.
Getting Deported for Unlawful Presence Could Be Mendable
Someone who is deported for being unlawfully present in the U.S is normally not allowed to return. There is generally a time bar upon when re-entry is permitted, but of course the entrant would need a valid reason upon which to request U.S. entry (a visa or a U.S. green card). Presumably, marriage through a U.S. citizen or lawful permanent resident spouse, unless you have tried to sponsor your spouse for a marriage-based visa and U.S. green card and for some reason were denied.
The length of time someone who was deported must wait before they can return depends on the reasons for removal. Under one of the grounds of inadmissibility found in the immigration laws, anyone over age 18 or who stays illegally in the U.S. for 180 days or more and then leaves is barred from returning for three years; and those who stay unlawfully for a year or more are not allowed to re-enter for ten years.
Obtaining a Waiver of Inadmissibility
One of the first steps to take when attempting to get your spouse back into the U.S. after deportation is to decide whether he or she is eligible for re-entry into the U.S, perhaps based on marriage to you, assuming you are a U.S. citizen or permanent resident. You will also need to see if your spouse is eligible for a waiver of the various bars to re-entry that may be applicable.
In short, you and your foreign national spouse will need to take steps to get special permission for a return to the U.S. after deportation. The government forms used to obtain such special permission include the I-601 waiver of inadmissibility and the Form I-212, which seeks authorization to apply for re-entry into the U.S. after having gotten deported.
However, there is more to just filling out forms. As part of the requirement proof must be provided that the deported spouse deserves special treatment and that the U.S. family will suffer extreme hardship without their significant other.
Take Time To Discuss with An Immigration Attorney
Getting the assistance of an immigration lawyer for your spouse who has been deported is one of the most recommendable options. Your attorney will help you work through the complicated legal process and you will also give you the best possible chance to help your spouse return to the U.S. Do not delay in calling the Gambacorta Law Office today at 847-443-9303.