didn't "voluntarily depart" and was deported

[new at this]

Is there a waiver available before the 10-year bar period? My husband is now in Africa. He was granted voluntary departure, failed to depart within the VD period, and was deported. Does it matter that we're in the Ninth Circuit? Please help!

[ojos_de_alicia]

since he didnt depart ontime im not sure if you can file the i-212 and if he still can file it.. you will need to show a very good reason why he didnt leave on time

[Laura]

I think he can still file the I-212 - but I assume he had unlawful presence too, meaning he will need the I-212 and the I-601. You, the USC, will have to prove the extreme hardship you will suffer if he is not readmitted to the U.S. before 10 years is up.

Check out the I-601 areas of this forum. There are some "sticky" posts there that should help you put that together.

Have you filed any paperwork for his residency yet - I-130? Anything?

Also, have you consulted an experienced attorney? I don't think there are too many people around here who have done I-601s through African countries, so you might want to consult with Laurel Scott or another attorney recommended in the resources section about your situation.

[new at this]

yes--we filed an I-130 and it was approved. haven't spoken to an attorney yet--the cost is unbelievable! the penalty for not departing when a person is granted voluntary departure is no possibility of adjustment for ten years. but if he comes in via consular processing (by filing 212 and 601 waivers), isn't that the same thing as adjusting? I mean, he'd come in as an LPR, right?

[Laura]

You can waiver the 10-year bar from the failure to depart with the I-601 waiver. The difference is you will have to leave the U.S. while it is adjudicated, and depending on where he is from it could take a year or more and there isn't an amazing chance of approval. So... it's a lot more complicated than an AOS. But yes, if the waivers are approved, he'd become a permanent resident.

[new at this]

thanks so much.