Overstayed in the USA for 2 years was arrested then deported. When can I return?

5/28/2018 5:26:53 AM

The law here is somewhat complicated, but if you have more than a year of unlawful presence in the US, you face a 10 year ban. This guide for those in similar situations may be helpful: Returning to the United States After Deportation.

Since you left voluntarily and have a US citizen spouse, it may be possible to receive a waiver and then apply for an immigrant visa to move to the US. This requires you to show “extreme hardship” to your spouse (which goes beyond simply missing you, see the link). The details on a waiver application quickly become complex and will depend on all the details of your case (including the nature of the criminal charges that led to your departure). You would want to hire a reputable US immigration attorney to examine all the factors, advise you as to your options and the likelihood of success, and if you want to move forward, prepare your application.

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