Asked in Immigration Law for Florida

Q: I arrived in USA with a tourist visa in 2002, overstayed that visa, married a USA Citizen, and traveled abroad with

A parole, the USCIS denied my I485, and I never had my I130 approved; because of my overstayed and travel abroad.

I received NOA I, and the judge gave me the second one, I failed the Court date and left USA.

Now I'm in Brazil.

My husband filed again the I130 petition and we right have it approved.

I'd like to know If there is a waiver to failure the removal proceedings hearing

Is there any body here able to help me?

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1 Lawyer Answer
Rodney John Alberto
Rodney John Alberto
Answered
  • Immigration Law Lawyer
  • Forked River, NJ

A: Well, it does appear you were deported in absentia. Did you ever receive notice of the appearance requirement? If not, you may be able to make a motion to reopen. Or, did you come to the court date, and you got deported? Usually, you need to wait ten years after an order of deportation, but there may be a waiver. Also, you may be able to make an application to reapply for admission, which would exempt you from the 10 year requirement. did you voluntarily depart? if so, then you need not wait at all, and can just reapply, but you will need to prove extreme hardship for overstaying. We currently are doing waiver cases for our clients in Brazil, for individuals in your situation. I would need to know more. Good luck. Rodney Alberto, Esq. www.visabrothers.com, 732-200-0779

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