Parkland, FL Immigration Law Firms & Lawyers

Hello,   You do not say how long you overstayed in the U.S before you left the country and triggered the unlawful presence bar. The unlawful presence bar requires you to stay outside of the U.S. for 3 years, if your overstay in the U.S. was from 180 days to one year, and up to 10 years if your overstay was more than one year, and you left the U.S. and tried to obtain a green card. You would only make your case more difficult if you tried to renter the country illegally, even if you married an American citizen. Depending on your immigration and criminal history you may be able to file for an unlawful presence waiver and it would be advisable for you to discuss your case details and future plans with an experienced immigration lawyer in your local city before you make any decisions. If you are granted this waiver, you would be able to return to the U.S. to join your spouse without  having to remain abroad for the three or ten years time frame. Good luck.   This information is of a general nature and is not, nor is it intended to be, legal advice. Please consult your immigration attorney with your specific case details for legal advice for your situation.

You should definitely consult with an attorney before withdrawing anything but you can file the I-130 the next day if it is withdrawn. The facts of the first case will be known to the second officer if you do get a different one so best to figure out how to fix the problem (concern of the Officer) in most cases.

As a matter of law, the ICE may be in a position to deport your husband, who should retain an attorney to represent him at the deportation proceedings.