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Old 06-21-2010, 09:03 PM   #1
SAM1
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Deportation from USA due to overstay

My Brother deported from USA, due to over stay in USA, His Wife and 2 childrens under 7 years old are US Citizens, So any way He can get legal Entry Again? or get waiver?
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Old 06-23-2010, 07:08 AM   #2
AFFA
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Default Re: Deportation from USA due to overstay

I wish to inform you that your brother has been deported from USA and may not be able to enter USA for a period up to 10 years. However, his wife is a US citizen and can file Form I-130 while your brother will have to file Form I-797 and Form I-485. He will have to undergo consular processing of his visa. He may have to take an appointment with the Visa Coordination Officer. He may even require a waiver of ineligibility from the Department of Homeland Security. He can plead hardship to his family as a ground for the waiver. For this, he will have to file Form I-601.

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