You are here:

Immigration Issues/Re-Filing I-130 after being Deported


Married: 19 Years USC
Children: Son 18 Born Florida, Daughter 14 Born Seattle
LPR Status: I have been stripped of my GC, as I used a I-94W to enter the US, as my GC was in a shipping container on the way back from Australia to US. I was transferred out for year.

I moved to the US in 1980, married to a USC. In 1996 I was transferred to AUS work related. On returning my GC was in the shipping container. I realized when I searched through my bags at the border. I'm an AUS Cit. I used the I-94VW and entered the US.
Secondly when I received my GC, I was never instructed to file to have the condition removed, the GC I received was for 10 Years, the USCIS said I was supposed to file.
Oct 94 I had to renew my GC. Went down to the Satellite Office and was referred to the Resolution Center, I had my passport stamped and told I will receive my new GC in about 6-8 weeks, I then received a letter a month later instructing me to go to the deportation offices, ICE explained to me that I had entered the US and had overstayed my VISA (I-94W) I was told by ICE I was to be deported and was instructed to return in 90 days, I was asked to sign a couple of papers and was told I had 90 Days to leave, I departed the US 2 weeks after UI had signed the papers. We have filed the I-130 in Vermont, it was approved last week. What are the next steps?  Iím currently in the UK (Legally)  (I believe I might have to file I-212 and I-601 to remove the 10 year that has been imposed)
We tried 3 times to file with the US Embassy in London and were told it was not our country of residence; we have Visas for the UK. We finally filed with USCIS in Vermont on the 10th of February 2005, Receipt Number: EAC0609352154, Application Type: I130, IMMIGRANT PETITION FOR RELATIVE, FIANCE (E), OR ORPHAN
Extract from email sent from the Vermont USCIS

Current Status:

This case has been approved. On September 8, 2006, an approval notice was mailed.  If 30 days have passed and you have not received this notice, you may wish to verify or update your address. To update your address, please speak to an Immigration Information Officer during business hours.

We have also filed an I-129F this was done once I received the Receipt Number for the I-130 from USCIS. Will the US Embassy in the UK be notified? On the I-103 and I-129F we put my UK Address as well as my wife / kids address in the US?
Any help / advice would be appreciated Thanks.  

Your story is quite card left in a shipping containter? Filing an I-129F (fiancee petition) when you are already married?  There are a number of points in your scenario that make absolutely no sense.

If you were deported, you will need to file an I-212 and pay the fee.  you can do this at the US Consulate office.

Immigration Issues

All Answers

Answers by Expert:

Ask Experts




Immigration Law enforcement Border Patrol


30 years Immigration law enforcement/management, criminal investigations, Homeland Security including Border Patrol operations

©2016 All rights reserved.