Does My Spouse Have Options to Return Legally to the United States

A Deportation Order is a final procedure that has a person removed from the United States and it can be very difficult to get someone back into the country legally.

If you are a U.S. citizen or lawful permanent resident and your wife or husband was deported from the U.S. due to an immigration-related issue or lack of legal status, you might be wondering how to help your spouse return to the U.S.

Providing Assistance to a Deported Spouse to Return to the U.S.

Individuals who are deported from the country are generally made to leave because they either had no right to be in the country in the first place (no lawful immigration status) or because they breached the terms of their visa, green card, or other lawful immigration status. For example, a person might have been in the country after having entered the U.S. without inspection (possibly by crossing the border illegally) was probably arrested and convicted of a crime, or was a suspect of being involved in terrorist or drug activity.

Getting Deported for a Crime or Committing a Security Violation is Extremely Hard to Overcome

Was your spouse deported because of him or her committing a grave crime or a felony or terrorist activity? There is presumably very little that you can do to help him or her, at least, not without having to wait until several years have passed by. Seek an immigration attorney for advice. On the contrary, if your husband or wife was only deported for being unlawfully in the country, you might have a few options.

Deportation Under the Grounds of Unlawful Presence Can At Some Point in Time Be Overcome

Someone who is deported from the U.S. for being in the country without authorization is normally not allowed to return. Instead, there is generally a time bar upon when returning might be permitted and of course, the individual would need a valid reason upon which to request U.S. entry either with a U.S. visa or green card. Seemingly, your marriage could provide that, unless you have tried to sponsor your spouse for a marriage-based visa and green card before and this was for some reason denied.

How long until a person can return to the U.S. after getting deported is dependent on the reason for the removal. Also, under one of the grounds of inadmissibility found in the immigration laws, anyone 18 years of age or over who stays unlawfully in the U.S for 180 days or more and then leaves the country are barred from returning for three years and those who stay unlawfully for a year or more are not permitted to return for ten years.

Obtaining a Waiver of Inadmissibility

One of the steps to getting your spouse to return to the U.S. after deportation is to determine whether they are eligible for U.S. entry again based on marriage to you (a U.S. citizen or Lawful permanent resident). If your spouse is eligible for reentry he or she might be able to apply before they can return.

This means that you and your spouse will need to follow the required steps to obtain special permission to return to the U.S. after deportation. The U.S. government immigration forms used to receive such permission include the I-601, Application for Waiver of Grounds of Inadmissibility, and the Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal. Also, note that there is more to it than just filling out these forms. See your nearest immigration law firm for more information and advice.

Visiting With Your Local Immigration Attorney