he was deported 3 yrs ago,for a felony chg,i need to know if he could re-enter the usa. He lived here for 30 yrs,but never filed for Citizenship
Optional Information: uniondale, New York
What was his status in the U.S. at the time of his Deportation? was he a permanent resident, illegal alien, etc.
If he was an illegal alien had he snuck in or did he merely Overstay his visa?
What was the felony charge?
my husband was a permanent resident, his charge was drugs, and spent 10 yrs in prison
He can file for a hardship waiver or a waiver of inadmissabilty. In order to file for the waiver to inadmissability, which is what I recommend, he needs to be able to show rehabilitation.
The successful processing of the wavier that is filed concurrently with a request for A visa will depend on the length of time of his bar to re-entery and his ability to show rehabilitation.
Military service and duties included manageing expat assignments for 20 years; GPHR certi 2006
how do I find out about his bar to re-entery? What is the waiver to inadmissability. we tried filing a waiver of hardship before deportation,but it was denied by the judge.
The hardship waivers are hard to get.
When he was deported, it was because of the drug charge, which made him inadmissable. So now, he has lost his Green Card, because he will have been out of the country too long, or he would have had it withdrawn by the court.
so when he comes again, it would be as a tourist or returning resident visa. He would apply for a waiver to inadmissabilty based on his having rehabilitated from his original charge.
His passport or other Immigration documents would indicate a bar to reentry of 10, 30 or permanent bar. Have him check his passport, and you will have to read the documents from the court.
ONE NOTE: If his bar is permanent, he will not get a permanent waiver, but could get temporary waivers for each and every annual or biannual visits to the U.S.
his passport was never stamped by customs. he has since obtained a new passport
Ok, so then you have to check the immigration documentation. The bar will be mentioned there. for sure he has a bar, it is just that we do not know how much.
do I call immiragtion for this info, can I get it off the internet? how long after the deportation he has to wait to refile? could I do this or I need a lawyer?
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