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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28197
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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if I have a felony and leave the US can I come back on a tourist

Resolved Question:

if I have a felony and leave the US can I come back on a tourist visa
Submitted: 5 years ago.
Category: Immigration Law
Expert:  Judith replied 5 years ago.
Hello, welcome to JustAnswer, my name is Judith. Thank you for this opportunity to answer your questions.
What is your felony?
Did you serve time? How much?
What was the possible maximum sentence you could have gotten?
Do you have a US citizen spouse or child?
Judith
Customer: replied 5 years ago.
Larceny charge 5 years probation and restutiion crime took place in 2003
Customer: replied 5 years ago.
Larceny charge 5 years probation and restutiion crime took place in 2003 married to US citizen for 9 years can I come back on a tourist visa at JFK
Expert:  Judith replied 5 years ago.
What is your status in the US? Legal or illegal?
Judith
Customer: replied 5 years ago.

denied I 485 status in May 2010 married for 9 years left the country due to sick parent

Expert:  Judith replied 5 years ago.
Thank you for the information, it is helpful.
You have two grounds of inadmissibility - reasons to be denied entry:
1. Whether you were in the US unlawfully for more than 1 year without status and you triggered a 10 year bar when you departed
and
2. The conviction of a felony.

You would have to apply for a hardship waiver in order to be allowed a tourist visa to return.

There is a waiver (forgiveness) but that is seldom granted and is a very complicated process. The US citizen or permanent resident relative has to show unusual and extreme hardship, more than economic or psychological. Read more about the waivers at

http://damascus.usembassy.gov/ina212.html

http://www.ilw.com/articles/2008,1118-heller.shtm

http://www.ilw.com/articles/2007,0717-scott.shtm

http://www.aila.org/content/default.aspx?docid=28837

These waivers are generally denied. You have to show your hardship is different from the thousands of other US citizen who have to live separately because their spouses broke the immigration laws.

If you have a medical or mental condition that keeps you from working and your husband is the sole support you can have your physicians document this for the consulate. A serious physical or mental condition, such as a malignancy requiring extensive surgery, requires the continuing treatment of the applicant's spouse or child in the United States



Judith

I am happy to answer follow-up questions for you at no additional cost.

If you want to request me in the future start your question "FOR JUDITH" and I will answer quickly.

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Customer: replied 5 years ago.

If I get the tourist visa will they allow me to enter the US at JFK

Expert:  Judith replied 5 years ago.
If you are given the waiver of inadmissibility, yes you will be admitted at JFK.
Judith

I am happy to answer follow-up questions for you at no additional cost.

If you want to request me in the future start your question "FOR JUDITH" and I will answer quickly.

Judith and 2 other Immigration Law Specialists are ready to help you