Legal Question in Immigration Law in California

Re: waiver

So he was caught and deported back to Mexcio, and he returned to the U.S. and filed for LPR under 245(i)? If this is the case, yes, he will need to file a waiver for re-entering the country w/o waiting ten years to re-enter the country. You will have to prove that it would be undue hardship upon you, the USC wife for him to have to go back to Mexico and wait the ten years. Feel free to e-mail or call directly.

Gabriel D. Jack

Attorney at Law

[email protected]

408-293-2026

Re: waiver

Expedited removal occurs when a non-citizen seeks admission into the US either as an intending immigrant not in possession of a valid visa or because they're accused of lying about their immigration status to seek admission. They're barred from return without special permission (I-212) for 5 years, and if accused of misrepresentation will need a waiver of inadmissibility, as misrepresentation causes a lifetime inadmissibility issue.

Adjustment of status is for people who are inside the U.S., as opposed to visa processing abroad. So, if your spouse had been subjected to expedited removal and is now in the country without having first obtained permission to return, then this is a complication that needs proper and careful attention.

I've done work on expedited removal issues, and have worked on necessary waivers resulting from these types of situations. They are matters that need individualized attention.

Re: waiver

I see you're in California. With due respect to my colleagues who replied before me, here in the Los Angeles District (of which you may be in), these I-212 waivers take a couple years to adjudicate, in which case, your husband's I-485 case is put on hold. Also, extreme hardship is not required (although other factors may) because this isn't the 3/10 year bar being waived. Finally, and unfortunately, in my experience, the I-212 is not typically approved if the applicant has been here the whole time and hasn't been outside the country for the required five or ten years.

Liem Doan, Esq.