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Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28732
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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My babysitters husband has a active deportation from 1998.

Customer Question

My babysitters husband has a active deportation from 1998 . He just tried to get Citizenship through his son
Who turned 21. This deportation was from 1998. He is from Mexico , he used a different name then it came up on his fingerprints .
What can he do?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith Ludwic replied 1 year ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

Do you mean he was attempting to adjust his status to permanent resident? That is the first step to be taken before one can become a US citizen.

What was the law used against him in the decision regarding his denial? Was he accused of fraud and misrepresentation in trying to get an immigration benefit?

Was he removed from the US?

Judith

Customer: replied 1 year ago.
He cross the border through San Diego in 1998 they made him go back to Mexico and he had a open deportation .
He came back through again and never got caught has been living in the US since then. His son turned 21 and his wife and him started they process to become legal through his son. When they got fingerprinted I guess through research they found out he had a opened deportation . His wife is clear and able to continue with the process but he can't,
Expert:  Judith Ludwic replied 1 year ago.

OK, the issue is that he had been deported by Customs in 1998 when he attempted to enter unlawfully and then he subsequently re-enters the US unlawfully he triggered a permanent bar under the immigration laws if he accrued more than one year of unlawful presence.

This type of violation that makes him inadmissible has no forgiveness (waiver).

He has be be outside the US for 10 years and then he can apply for permission to apply for entry.

So there is no way around him being able to get his legal status until he has spent 10 years outside the US and the asks for permission to re-enter.

I see this is the first time you are using JA and I am eager to make this a positive experience for you. Please ask follow-up questions if my answer is not clear.
Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ stars
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

Expert:  Judith Ludwic replied 1 year ago.

In case I didn't make myself clear about this here is a good explanation of this bar

http://www.nolo.com/legal-encyclopedia/the-permanent-bar-immigration-certain-repeat-violators.html

Judith

Expert:  Judith Ludwic replied 1 year ago.

May I answer anything additional for you to earn your satisfaction. I strive to give good customer service and comprehensive answers. I feel I have failed you. Please tell me what additional information would be helpful.
Judith