Hi,

I have a situation and I would like some advice. In 1997 my father was falsely accused of a crime for which they sentenced him to 15 years. Two years into his sentence, the person who actually committed the crime confessed and specifically said my father did nothing. However, nothing was done after this. My father served a remainder of 6 years. Once released, he was deported back to his home country. My family was told that we had to wait 5 years before he would be able to return back to the U.S. Now, the only thing is that my father must ask for pardon in order to return. What can I do being that he is innocent?

It doesn't matter if the person is guilty or innocent as long as they were convicted of the offense. Considering that he spent so much time in prison he's likely an aggravated felon. Do you have the removal paperwork, specifically an I-294 or I-296 which states how long he is barred?

Do you mean a pardon or a waiver? A pardon is only good if granted by the President or a Governor. A waiver is granted by the Attorney General.