Wife deported from airport(Voluntary)....

L

Lucky2888

Registered Users (C)
My wife was deported from Atlanta airport, reasoning given, she was coming and staying for 4-5 months and would leave before the I-94 expired, so they said she wasn't visiting but staying and probably working, even though wife told them she wasn't (truth)...

Now I am going to take my citizenship oath this month, anyone has an idea what I need to do, do I need some kind of waiver? when I file for her.

All help is appreciated..
 
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I do not see anything wrong. You just need to go on with the normal course of procedure. CP or K3. good luck and keep us posted of the developements.
 
Lucky2888 said:
My wife was deported from Atlanta airport, reasoning given, she was coming and staying for 4-5 months and would leave before the I-94 expired, so they said she wasn't visiting but staying and probably working, even though wife told them she wasn't (truth)...
Click to expand...

She wasn't deported. She was denied entry. Big difference.
 
Yes

TheRealCanadian said:
She wasn't deported. She was denied entry. Big difference.
Click to expand...

Real Canadian: technically yes, but I assume they categorize it as an Voluntary Deportation and she had to sign some forms pertaining to that.

I will be happy they don't consider it as an deportation and don't hold it against her application.
 
(i) Arriving aliens.-Any alien who has been ordered removed under section 235(b)(1) or at the end of proceedings under section 240 initiated upon the alien's arrival in the United States and who again seeks admission within 5 years of the date of such removal (or within 20 years in the case of a second or subsequent removal or at any time in the case of an alien convicted of an aggravated felony) is inadmissible.

Then it speaks about the exception....but the language is too technical...I think.


here is the exception:

(iii) Exception.-Clauses (i) and (ii) shall not apply to an alien seeking admission within a period if, prior to the date of the alien's reembarkation at a place outside the United States or attempt to be admitted from foreign contiguous territory, the Attorney General has consented to the alien's reapplying for admission.

Please explain
 
Section 212(d)(11) of the Immigration and Nationality Act, provides that:
The Attorney General may, in his discretion for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest, waive application of clause (i) of subsection(a)(6)(E) in the case of any alien lawfully admitted for permanent residence who temporarily proceeded abroad voluntary and not under an order or deportation, and who is otherwise admissible to the United States as a returning resident under section 211(b) and in the case of an alien seeking admission or adjustment of status as an immediate relative or immigrant under section 203(a) (other than paragraph (4) thereof) if the alien has encouraged, induced, assisted, abetted or aided only the alien's spouse, parent, son, or daughter (and no other individual) to enter the United States in violation of law.


I guess I found the answer...
 
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