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Ask Guillermo J. Senmartin, Esq. Your Own...
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105578
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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husband was deported for aggervated feloney can he get visa

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husband was deported for aggervated feloney can he get visa to visit wife and childern
Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. Believe me that I will try my best to give you a solution if one exists, but sometimes the law does not have a good one.




What was the aggravated felony? And what was his sentence?
Customer: replied 3 years ago.

conspricy 8 yrs he was a legal permant resdince

Conspiracy to do what? Murder? Drug trafficking? Money laundering? Insurance fraud? What was the conspiracy about?
Customer: replied 3 years ago.

drug trafficing

That's what I was afraid of. If it was almost any other thing, I would be able to tell you what he could do to be able to come back and have Residency again. I mean I can still tell you, but it is much harder when one has benefited from or was involved in trafficking.

To immigrate, he has first to get rid of the conviction and he has three ways to do that:

1) Get a full and unconditional governor's or U.S. Presidential pardon.

2) Hire a VERY good criminal attorney to look into the possibility of reopening his 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 he would need an agreement from the prosecutor not to prosecute him 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 him called a Private Bill.

These options essentially would eliminate the conviction so that Immigration cannot use it against him to deport him. Unfortunately, sealing or expunging the conviction does not work.

Then he would have to convince a U.S. Consular Officer that he was not involved in nor benefiting from any form of trafficking. If he can do that, he can immigrate again through you if you are a U.S. Citizen or if he has a U.S. Citizen son or daughter over 21 that petitions for him.

If he just wants to visit, then there is a way to do that too. He would have to file for a B-2 visa which can be found here:

http://travel.state.gov/visa/temp/types/types_1262.html

And he would need a 212(d)(3) waiver which can either be done by the immigration officer at the interview or after just on their computer (take a look at this link):

http://www.state.gov/documents/organization/87150.pdf

or 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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Guillermo J. Senmartin, Esq. and 4 other Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.

can he come just to visit

Yes, he can, but like I said in my answer, he needs to apply for a B-2 visa AND he must apply for the 212(d)(3) waiver. He has to get both approved to be able to come and visit. Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. And don't forget that bonuses are always appreciated! Thank you.

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