245i pending...deported!

[catcaro]

i was deported about 4 months ago, but have a pending petition from my aunt who is a usc and applied for my familly and i in 2001,is there any ways to come back based on this? thanks

[y14gemini]

Hi, what was the reason that you were deported? (I don't even think that matters anymore)! If I am not mistaken, once you are removed from the US and you wish to continue with the process, you will have to do consular processing! You would need to file a waiver at the denial.

[y14gemini]

Also, once you are removed the 245I case is now considered "closed". In other words you will not be able to come back to the US to finish processing.

[y14gemini]

Okay, now I am confused! you have a thread under Political Asylum. Which is it, you had a case for 245I or the Political Asylum case where your father petitioned for you? Sorry, I just need clarification!

[catcaro]

yeah, thats the whole reason of my case and the reason of my deportation. sorry if it was confusing, um so my aunts case is not consider pending anymore, they close it_ what am i supposed to do to get that back on track its been 7 years already of the petition.

[catcaro]

my aunt had the 245i petition b4 we went the the US, and while inthe US we filed for asylum.

[aleful]

catcaro,
unfortunatly, your dad blew it when he filed for asylum. he should have left it as is. what will happen is that the petition is still open. what is not open is being able to go back to the US and file under the 245i which would at least your parents have had their GC in the US through his sister. Now it will go through consular process, but probably you will age out and I don't know if you or your parents can file a waiver on behalf of the deportation, or will have a 10 year ban. I'm not familiar with that process.