Is there anyway to get my stepdad back into the U.S. after being deported without waiting 10 years?

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Is there anyway to get my stepdad back into the U.S. after being deported without waiting 10 years?

He was in a car accident (he only harmed himself and has no criminal record) due to DUI. When he was taken in for questioning he admitted that he was in the United States illegally since his visa expired. He has been here for 9 years. My mom went with him to help him out while he waits to be able to come back and now I am with them too. However, my brother is still in the US and we all want to go back together and be a family again. The only reason he didn’t get his papers by marrying my mom is because he was waiting for his divorce to come out in Uruguay.

Asked on January 14, 2012 under Immigration Law, New Jersey

Answers:

Dustin Bankston / Bankston Immigration Law Office

Answered 9 years ago | Contributor

If your mother is a US Citizen and legally married to your stepdad, he could potentially file for a waiver of the 10-year bar.  However, he would have to show extreme hardship on your mother.

The waiver is filed on from I-601.  You file it along with the I-130 to adjust status.


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