What Can You Do If Your Spouse Is Deported?

Posted on: 5 October 2015

If you recently married a foreigner who was previously deported from the United States, there is a possibility that he or she can be allowed re-entry based on your marriage. In order to gain re-entry, your spouse will need to apply for a visa or green card. Before doing so, here are some things you should know.

Is Your Spouse Inadmissible?

Whether or not your spouse can re-enter the United States is based on if he or she was classified as inadmissible. Inadmissible basically means that the government has barred your spouse from re-entering the country legally.

A status of inadmissible is not necessarily permanent. Depending on the reason for the classification, it might be possible for your spouse to apply for legal entry. For instance, if your spouse was ruled inadmissible as the result of a criminal action, such as drug trafficking, it is possible that the classification will remain.

If your spouse was temporarily or permanently barred from entry, he or she should have been informed at the time of the deportation. If not, contact the Department of Homeland Security to determine your spouse's status.

What If Your Spouse Inadmissible?

In the event that your spouse is classified as inadmissible, he or she can apply for a waiver of inadmissibility. The waiver is basically request for immigration officials to overlook the classification while processing the visa or green card application. In order to qualify, your spouse will need a compelling reason.

When Can You Submit the Visa or Green Card Application?

The waiver of inadmissibility and your spouse's visa or green card application can be submitted at the same time. The waiver will be reviewed first and a decision made. If the waiver is approved, your spouse's visa or green card application is then reviewed. However, if your spouse's application for a waiver is denied, it is likely that the visa or green card application will also be denied.

To actually obtain the green card or visa, your spouse will have to meet the usual requirements. For instance, you and your spouse have to prove that your marriage is real and not just for the green card. Your spouse also has to prove there is financial support in place.

An experienced immigration attorney can help you and your spouse determine if there are additional steps that need to be taken to help your spouse regain entry into the country. It is important that you obtain an attorney as soon as possible to avoid any delays.