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Thread: what to do after 10 year bar deportation

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    what to do after 10 year bar deportation

    Hi all, i have not been ln this blog for so long. In October of this year the 10 year ban will be up for my family and i. I am not sure what we need to do. We have the residency approved as it was petitioned by my aunt many years ago.
    The question is, will be able to re entry? as tourists, or will be able to get the residency?

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    From what I understand from your previous posts from 8-9 years ago, your parent was the beneficiary of a sibling petition from your aunt from 2001. Your parents will be able to do consular processing for immigrant visas once the ban is up, since a visa number should be available to them by now, assuming they were not born in Mexico or the Philippines (you said you were from Argentina).

    From what I understand from those previous posts, you have likely aged out and cannot immigrate as a derivative beneficiary. (In 2009 you said that the petition was just approved, so it took about 8 years to approve, so 8 years are subtracted from your age under CSPA. But you said you were turning 21 in 2009, so that would age out about 8 years later, around now. You would have to provide the exact dates to be sure, but you have probably just aged out, or probably will age out by the time the consular processing finishes.)
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    This is my personal opinion and is not to be construed as legal advice.

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    What to do after 10 year bar deportation

    Hello! I haven't reported in a long while. Have been in Mexico for 9 years now, next year my 10 year bar for Illegal presence and for deportation in absentia (did not obey a voluntary departure) is up. So, I have a couple questions. I am married to a USC she petitioned for me and my I-130 was approved in Sept. 2006, went to CDJ in March 2008, submitted waivers 601+212, got denied. So now, Do I need to re-file a I-130? or will the old one be good still? I checked the WAC # with USCIS website and it says that petition was approved back in Sept. 2006 so I'm guessing it's alive and well, but would like someone to comment, specially if you were in the same boat. Thanks!

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    Quote Originally Posted by locugo View Post
    Hello! I haven't reported in a long while. Have been in Mexico for 9 years now, next year my 10 year bar for Illegal presence and for deportation in absentia (did not obey a voluntary departure) is up. So, I have a couple questions. I am married to a USC she petitioned for me and my I-130 was approved in Sept. 2006, went to CDJ in March 2008, submitted waivers 601+212, got denied. So now, Do I need to re-file a I-130? or will the old one be good still? I checked the WAC # with USCIS website and it says that petition was approved back in Sept. 2006 so I'm guessing it's alive and well, but would like someone to comment, specially if you were in the same boat. Thanks!
    I think the I-130 should still be good. The NVC has a habit of revoking petitions that have been inactive for more than a year after visas are available for it. But I am not sure whether they do that in a case where you are waiting out a ban. You might want to call them just to make sure.
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    This is my personal opinion and is not to be construed as legal advice.

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    Yes they can close petitions even if you are waiting out a ban. They did that to us and our waivers were denied because of it. Its better to call and check to make sure it's still active.

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    So should I call CDJ or NVC or both? Do you have any phone #s?

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