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I would like to know the best option to follow with regards…

Hello there! I would...

Hello there! I would like to know the best option to follow with regards ***** ***** for my dad. He was deported in 1984, and has been away from the US since then. Any guidance you provide is appreciated.

Lawyer's Assistant: Have you been deported from the United States before?

No, I'm a US born citizen. I'm interested in filing for my father

Lawyer's Assistant: Have you talked to a lawyer?

No, I haven't

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, nothing I can think of

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Answered in 5 minutes by:
8/15/2017
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 112,907
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified

Hello! My name is***** and I am a licensed attorney with more than 15 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

Please give me a few minutes to review your question and I will be right with you with an answer. Sorry for any delay. I may have to do some research and at the same time I read and type fast, but not that fast! Thank you for your patience.

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Customer reply replied 10 months ago
OK, thanks

Sorry for the delay. I just ask that if it is bad news that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

What was the reason he was deported? Any crimes? Some crimes make a person permanently inadmissible to the U.S. What country is he from?

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Customer reply replied 10 months ago
Not that I know of. He came in as a student. he's from Nigeria

And you are over 21?

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Customer reply replied 10 months ago
I am

Ok, then file an I-130 to start the process. It will take about 6 months for the I-130 to be approved. After that they send it to the National Visa Center (NVC). Then a few weeks later you will get a letter asking for some fees to be paid for an I-864 Affidavit of Support and biometrics. Once you pay those, then you will get another letter asking to fill out an I-864, provide supporting evidence, and submit other documentation listed on the letter. Once you send all of that in, they will forward the file to the U.S. Embassy or Consulate nearest to your father and they will schedule him for an interview. If that goes well, then he will get a visa to come to the U.S. The process should take around 4 to 6 months or more after the I-130 is approved. Because it has been more than 10 years since his deportation, he should not have a penalty to return, but he should not try to hide anything and should be truthful about any overstay, violations and deportation. Here is a link to the process:

https://travel.state.gov/content/visas/en/immigrate/family/family-preference.html

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

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Customer reply replied 10 months ago
OK thanks. what is the process if he committed a crime?

As I said, he could be permanently inadmissible with no waiver available. So it depends on what crime he committed and the sentence.

Let me know if you need anything else, but please do not forget that positive rating. Thank you!

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Customer reply replied 10 months ago
OK. So, if I file the I-130 and he's turned down because he committed a crime, is that when the waiver is filed? how do I know when to file a waiver and when not to? I'm trying to understand the process before I start it.

No. They will approve the I-130, it's after you spend all the money for processing and he's at the interview where he would be denied if he committed a serious enough crime. So best to find that out before you go through the process.

Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see the stars or smiley faces, please scroll to the top of the page to see them or click on my name and they should come out. Also, we do NOT finish just because it says "Rate to Finish" or something like that. Your question does NOT close and you can continue to ask questions without additional charge on the same question thread even after you leave a positive rating. Thank you for your understanding!

Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 112,907
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified
Guillermo Senmartin and 87 other Immigration Law Specialists are ready to help you
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Customer reply replied 10 months ago
Got it. thanks so much for all of your help!

You are very welcome! Thank you for the positive rating. If you would like to request me in the future for a different topic, please remember to put FOR GUILLERMO in the subject line and message box. Good luck to you!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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