i was deported back in 2007 for a e felony attempted burglary.i have no priors for violence or drugs.i do have a d felony which was a paper felony i served 60 days for that and 2 misdemeanors for petty larceny. am i able to return i had been in the states for 24yrs before been deported i left my whole family behind a daughter as well.i was a permanent resident as well.
Hello, welcome to JustAnswer, my name is Judith. Thank you for this opportunity to answer your questions.
Were you a permanent resident?
What do you mean a "paper felony"?
Judith
Were you a permanent resident?yesWhat do you mean a "paper felony"?because i only served 60 days for it and its considerd a paper felony.
Hello. How many convictions do you have? Was each a different incident? How much time did you serve for each?
for the e felony i was sentenced to 1 1/2 yrs.the d felony i did 60 days and the other misdeminor were no more then 5 to 7 days,both felonys were attempted burglary and the misdeminor were petty larceny.
BOTH felonies? This is not looking good. You have to understand how the U.S. would look at this. If you invited a guest into your house and that guest started causing problems and you gave them ONE chance but they kept causing more and more problems and caused a danger to your family, you would not let them back into your house, I don't think.
Anyway, were BOTH felonies different issues? One you received a sentence of 1 and a half years and the other you received a sentence of 60 days?
no they were both attempted burglary.the one for 60 days for going into macys and the 1 and half yrs was in a business.
i lived in the united states all my life my education was over thare and my whole family lives thare including my now 8 yr old daughter that i havent seen sence and cant see until im in the u.s.wont this help?
But you had one sentence of 1 and a half years?Then you had a different sentence of 60 days?They were both different incidences?I have to tell you that it isn't looking good.
isent thare any waivers that can help?or a pardon?
Unfortunately, not for the theft where you were sentenced to more than a year. That is an aggravated felony. You really only have four options:
1) Get a full and unconditional governor's or U.S. Presidential pardon for each crime.
2) Hire a VERY good criminal attorney to look into the possibility of reopening your criminal case because something was done incorrectly at the criminal level. If the case can be reopened, then the conviction needs to be vacated (set aside) and then you would need an agreement from the prosecutor not to prosecute you again (which they can do). You can try looking for an attorney at www.ailalawyer.com.
3) Convince the majority of the U.S. Congress to change the law or to make a law of special application only for you called a Private Bill.
These options essentially would eliminate the conviction so that Immigration cannot use it against you to keep you out. Unfortunately, sealing or expunging the conviction does not work.
You could try to come back for a visit, but for that you would have to apply for a B-2 tourist visa and a waiver. The B-2 visa can be found here:
http://travel.state.gov/visa/temp/types/types_1262.html
And as I said, you would also need a 212(d)(3) waiver which is done on form I-192 which can be found at www.uscis.gov/forms. You can find more information here:
http://www.ilw.com/articles/2003,0930-labrie.shtm
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my girlfriend is a u.s citizen is thare anything she can do to expidite the process?will getting married help?
Expedite, probably not unless there is some medical emergency. Getting married does help, but doesn't mean there will be an approval.