Can someone leave the country under a voluntary departure, after they get into deportation proceedings for staying in the USA after their work visa was denied? Will the 10 year bar still apply to the person?
Yes, through a voluntary departure, the person may leave the USA. However, there could be a two 10 year bar period to begin with – 1 will be for having a deportation order, and 2 will be for overstaying in the country. However, there is one way out; a person can have an, I-601 waiver granted for hardship, which will help them to come back sooner than the barred time. But, in most of the cases, an extreme hardship can only be proven and used for a spouse or a parent. What will be the next steps? In case, someone faces deportation due to denial of asylum and gets married to a US citizen.
After the person gets married to a US citizen, the spouse of the person should file a petition for an Alien Relative i.e. I-130/I-485 Packet. If this petition gets approved, the person will be issued a conditional permanent residence card. The entire process takes more than a year, and a USCIS officer verifies your marriage purpose after you give a biometrics exam, and you and your spouse appear for an interview to find out if the marriage is for getting permanent resident status only. If approved by the officer, then to get the card the person should be married for less than two years at the time of filing a petition. This petition will only help the person who entered the US legally in the first place to adjust the status without returning to their home country. Can I collect social security at 65 years of age, in case, my deportation to Canada is due to a federal offense?
Regarding your Social Security payments, when you are outside the US, there could be two cases here, depending on which the payments are made: 1st one, where you are a US citizen: As long as you are eligible, you will be paid for your Social Security anywhere around the world. 2nd one: where you are not a US citizen: after six calendar months your payments will stop, unless you fall into one of these exceptions:
• You are active in the US naval or military service.
• Your country falls under the list of Social Security agreement with US.
• You were eligible for monthly Social Security benefits for December 1956.
• The worker on whose record your benefits are based has:
o died while serving US military
o not been dishonorably discharged but relieved due to in-service disability.
o done railroad work that was treated as covered employment by the Social Security program. Can someone apply for a green card after their probation is over, and they were deported to Mexico for a felony that happened in the year 2006?
To apply for a green card in this case, there are three things that can be done:
1. Apply using form, I-130 waiver to forgive the time spent illegally in the US
2. Apply using I-601 waiver to forgive the crime To get the above waivers, they will have to prove the hardships their spouse will face if they are deported from US and not allowed to come back.
3. After being deported from US for at least one year, they can apply for I-212 special permission for admission to the US. What is the procedure and how long does it take to deport someone to India? After the deportation order is issued, and assured that within two weeks the person will be deported.
It mainly depends on the deportation officer’s schedule and pace of communication between the US and India. Basically, the procedure involves these steps:
1. The ICE contact Indian government so that they can verify the citizenship and show the country's will to accept the deported ones.
2. They also verify passports and in case of any issues, they request the Indian government to issue new passports, which can take time. In case you are facing deportation, you can ask an Immigration lawyer to guide you in understanding the complex legal issues and concerns related to deportation proceedings.
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