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Ellen
Ellen, Lawyer
Category: Criminal Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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Hi! I have a brother who was deported back to Cambodia for

Resolved Question:

Hi! I have a brother who was deported back to Cambodia for the 3 strikes your out rule. He had been charged for meth uses. This was back about 7-10 years or so ago. His entire family lives here in the US. Is there any way to get him back here?

He was in and out of jail. My father was killed on the night before my brothers engagement ceremony. He's the only boy of five children. Great person, and cleaned up since he's been back to Cambodia. He's lived in the US since age 5 and now he is about 40

Is there anything we can do?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Ellen replied 6 years ago.


Thank you for your question.

Your brother may apply for an Application for Waiver of Grounds of Excludability (I-601)

In order to prevail, extreme hardship to you as a United States citizen will need to be shown. Approval also requires a favorable exercise of discretion from the Attorney General. This requires a weighing of all factors, the favorable against the unfavorable, in each case.

I suggest that you retain local immigration counsel to assist you in this application.
Customer: replied 6 years ago.

would he be able to apply while he's in Cambodia or how exactly will that work? obtaining an application?

 

also, would you advise getting an attorney or can we simply do this on our own?

 

are u aware of the immigration 1996 law that passed? any felon convicted of a sentencing of one or more year would be deported to their place of birth if not a US citizen and can not be allowed back in the states, could we still apply?

 

unfortunately, my brother was the only one in the family who was not yet a citizen, just a resident alien of the states for over 25 years

Expert:  Ellen replied 6 years ago.

would he be able to apply while he's in Cambodia or how exactly will that work? obtaining an application?


Your brother may file an Application for Waiver of Grounds of Excludability (I-601) while in Cambodia

also, would you advise getting an attorney or can we simply do this on our own?


I suggest that you retain local immigration counsel to assist you in this application.

are u aware of the immigration 1996 law that passed? any felon convicted of a sentencing of one or more year would be deported to their place of birth if not a US citizen and can not be allowed back in the states, could we still apply?

yes. That is why he needs a waiver

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