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Question
My husband has been deported now for 3 yrs. I was told we can do a perdon letter so we can get his green card back or start the paperwork. Can you help me or tell me how I do a perdon letter and if the info. I was told is right?

Answer
Dear Joyce:
To advise I would need some details as to why, how, and when was your husband deported? Without these details - I think - no one can properly advise or assist you.  

However, as per info provided, the 3 year bar is for over stay of visa with six to 12 months of unlawful presence in the United States.  If your husband accrued 3 year bar and it is 3 years or more form the date he was deported he must apply for an I-601 waiver at the concerned consulate based on extreme hardship to qualifying relative (US citizen (USC) or Permanent resident (LPR) spouse or parent.  Please, note - A child is not considered a “qualifying relative” for purposes of evaluating the waiver or extreme hardship.

Please see:

http://www.uscis.gov/USCIS/Laws/Memoranda/2011/May/Expedited_I-601_PM_Approved_5

Processing of an I-601 waiver involves legal complications, therefore, you are advised to seek proper legal consultation and assistance.  You are advised to speak to an experienced immigration attorney in your area or you may contact our offices via phone, postal mail, or email and we will be more than happy to assist you.  

Best wishes,
Ajay Singh, Esq.
AJASIN@GMAIL.COM
845-784-1500

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AJAY SINGH

Expertise

Questions regarding Immigration to United States, including Removal/Deportation Proceedings, Asylum; Green Card through Family (Fiance/ee Visa, Spouse, Children, Parents, Siblings); Green Card through Employment (Labor Certification - PERM, Extra Ordinary Ability - EB1, Religious/Entrepreneur - EB4/EB5); Non-Immigrant Visas - H1B, L1, F & M, J1, J1 waiver, Humanitarian relief (Cancellation of Removal, Prosecutorial Discretion, TPS, Dream Act); Hardship Waiver (I-601/212) etc., are welcome.

Experience

Dealing with clients seeking immigration help since year 2001. Main area of practice is Immigration Law.

Organizations
Member - AILA. Bar Council of India.

Education/Credentials
LL.M - Benjamin N. Cardozo School of Law, NY. LL.B - Campus Law Center, University of Delhi, New Delhi.

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