Q&A’s published on Lawyers.com and the Epoch Times on October 16, 2020 1. Can I do Something on My Deportation? 2. I File I-130s For My Children and They Are Minors.  How Long Will the Process Take? 3. My Fiancé Was Granted Voluntary Departure.  When Can He Re-enter the United States?

1. Can I do Something on My Deportation?

I am from India and I got deported because I worked the last time I was in the USA and I was not supposed to since I was on B1/B2 visa.

Mr. Lee Answers:
Unfortunately, there are not enough facts in your question for a lawyer to give a reasoned opinion. It appears that you are under a 10-year bar from the deportation unless you were stopped and removed from the port of entry, in which case the bar would be 5 years. Other than that, there is nothing in your question to indicate what possible grounds of relief you may have. I suggest that you make an appointment with an immigration lawyer familiar with deportation work so that he or she can go over all your circumstances and make recommendations. 

2. I File I-130s For My Children and They Are Minors.  How Long Will the Process Take?

I am a permanent resident. I file for my son and daughter from my country and they are 14 and 12 years old. How long will the process take for an approval?

Mr. Lee Answers,
The question is – where are the kids? If they are here and legally residing in the States under some type of nonimmigrant status, you may be able to adjust them immediately to permanent residence since the visa chart for July 2019 shows open visa availability for the F-2A category (LPR filing for spouse or unmarried child under the age of 21). If your children are not in the U. S., you will have to wait until U.S.C.I.S. approves the I-130 petition for alien relative, the petitions must then go through consular processing, and the kids can only be interviewed after that if the priority date (date of filing I-130 petition) is current. A rough guess for the time process would be approximately 2 years if that was the case. 

3. My Fiancé Was Granted Voluntary Departure.  When Can He Re-enter the United States?

My fiancé was granted Voluntary Departure about a month ago. He is now in Mexico. He was put into removal proceedings after they realized he had overstayed his Tourist Visa.

Mr. Lee Answers,
As your fiancé left the U. S. on voluntary departure, he is not barred from returning to the U. S. That being said, he needs at the very least another visa to return to the U. S. (if he did not overstay by 180 days) since his overstay automatically invalidated his tourist visa. He would have to explain his circumstances to the American consulate or embassy officer, and it would be up to him or her as to whether to give another tourist visa. A major question at such interviews is whether the applicant has nonimmigrant intent, and the fact that he is engaged to someone in the U. S. is an unfavorable factor in the adjudication. If he overstayed by 180 days, he is barred from returning for 3 years, and if the overstay was a year or more, the bar would be 10 years.  He could request a nonimmigrant waiver of the bar(s) after refusal at the consulate or embassy, and it would be up to the consular officer whether to recommend him for a waiver to USCIS.  If you are a U. S. citizen, you can file a K-1 fiancée visa petition on his behalf and he would be interviewed in his home country in approximately 9 months. If you are a lawful permanent resident, you can marry him and file an I-130 Petition for alien relative for him to immigrate. Such process would take approximately 2 years if all goes well. Finally if he overstayed for long enough to incur the bar(s), those timelines do not apply and he would need a waiver of inadmissibility based on extreme hardship to a US citizen or LPR spouse or parent if he wanted to immgrate prior the 3 or 10 years.