Your Options If Your Spouse Is Deported (Removed) From the U.S.

If you are a U.S. citizen or permanent resident (a green card holder), and your foreign-born husband or wife has been deported from the United States because of an immigration-related issue or lack of legal status, you might be wondering how you can help to get your spouse back into the United States. Because deportation is a somewhat final procedure, in which the person is removed from the United States, it can be difficult to get that person back into the country legally. However, it is not impossible.

Helping a Deported Spouse to Return to the U.S.

Foreign nationals who are deported from the United States are normally made to leave because they either had no right to be in the country in the first place (no lawful immigration status), or because they violated the terms of their visa, green card, or other lawful immigration status.

For instance, the person might have been here after having entered the United States without inspection or permission (perhaps by crossing the border illegally). Or, the person might have been arrested and convicted of a crime, or been suspected of being involved in terrorist or drug activity in the United States (or elsewhere, in the past).

Deportation for a Crime or Security Violation Is Tough to Overcome

If your spouse was deported because of the commission of a serious crime or a felony or terrorist activity, there is probably little you can do to help; at least, not without waiting until many years have gone by. Consult an immigration attorney.

However, if your spouse was deported due to being in the United States unlawfully, you might have some options.

Deportation for Unlawful Presence Could Eventually Be Overcome

Someone who is deported from the United States for being here illegally is ordinarily not permitted to simply return. Instead, there is normally a time bar upon when return might be allowed; and of course, the person would need a valid reason upon which to request U.S. entry (a visa or green card). Presumably your marriage could provide that, unless you have tried to sponsor your spouse for a marriage-based visa and green card before, and this application was for some reason denied.

The amount of time that must pass until the foreign national's return is going to depend on the reason for the removal. Also, under one of the grounds of "inadmissibility" found in the immigration laws, anyone age 18 or over who stays unlawfully in the United States for 180 days or more and then leaves is barred from returning for 3 years; and people who stay unlawfully for a year or more are not permitted to return for 10 years.

Getting a "Waiver of Inadmissibility"

The first step to getting your spouse back into the United States after deportation is to determine whether they are theoretically eligible for U.S. entry; again, perhaps based on marriage to you, assuming you are a U.S. citizen or permanent resident; and if so, whether they are eligible for a waiver of the various bars to re-entry that might apply.

In other words, you and/or your spouse will need to take steps to get special permission for a return to the United States after deportation. The government forms are used to obtain such permission include the I-601 waiver of inadmissibility and the I-212, which seeks permission to apply for re-entry into the United States after having been deported.

However, a great deal more than filling out forms is required for this sort of relief. Expect to have to provide proof that the deported spouse deserves special treatment, and that the U.S. family will suffer hardship without it being granted.

See an Immigration Attorney

When trying to help a deported foreign spouse, the assistance of a good lawyer is highly recommended. Your lawyer will analyze the details of your situation and help you work through the complicated legal process. It might cost thousands of dollars to have one of these waivers successfully argued, but if your spouse has been sent out of the country, you want to have the best possible chance of helping them to return in a timely fashion.