Re: Once Deported, can you come back to US?

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Latest post 01-26-2006 9:14 AM by Jill Apa. 1 replies.
  • 01-25-2006 6:39 PM

    Question [=?] Re: Once Deported, can you come back to US?

    Good day experts.

    I have a cousin who married a man while he was awaiting deportation. They were engaged and have a child together, she didn't think it out logically, just knew she wanted to have him as her husband.
    I believe he was arrested during a routine stop for a parole violation in another state, something to that effect...not a violent crime though. Maybe a misdemeanor that he either didn't ever go to court for or he got a PO and never showed up.
    He is not in South America and she is here with her son.
    Is there any chance that he can legally be accepted into the US again after this deportation?
    Are there any circumstances I can relay to her that would allow it?

    Thanks very much in advance,

    Rowena
  • 01-26-2006 9:14 AM In reply to

    Re: Once Deported, can you come back to US?

    It all depends on why the deportation occurred in the first place and the nature of his criminal background. The immigration laws have several grounds of inadmissibility. A prior deportation is one that renders a person inadmissible to the U.S. without a special waiver. A criminal history is also another ground of inadmissibility. A minor offense may not trigger the ground, but the nature of the crime should be examined. These things are all very important in your cousin's case because the next time he comes to the U.S., he cannot come as a visitor since he now has a U.S. citizen wife and child. He won't be able to get visitor status because he obviously has very significant ties to the United States. He would have to process for and try to obtain a green card from the outside based on his marriage. If his past makes him ineligible for a waiver, then he cannot reenter. If the facts are such that he can get a green card if he can also get the waivers, then he can come back in. Because he has a prior history of violating criminal and immigration laws, your cousin should definitely consult with an experienced immigration attorney first before anybody makes a move or files any paperwork.

    Best of luck!

    Jill Apa, Esq.
    Serotte, Reich & Wilson
    japa@srwlawyers.com
    www.srwlawyers.com
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