ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
1995-
ILW.COM,
American
Immigration LLC.

Results 1 to 6 of 6

Thread: return to US after deportation

  1. #1
    My co-worker son was a permanent resident alien, married to a USC who got into some trouble about 5 yrs ago-pled guilty but did not serve any jail time. Upon returning to the US from a trip to Europe he was stopped by immigration officers and was told to return with the papers re: the outcome of the case. When he did that -they arrested him, would not give him bail. According to his mother they lawyer was not a good lawyer. She claimed all the character letters from supervisors etc was not presented to the judge. In the end they said he could fight it or go back to his country which he did. Last wk his mom told me that her son will be coming back to the US soon because his wife is filing for him. They are not using a lawyer. It has only been 3 yrs but she said the fact that he voluntary left the US he was not deported therefore he can come back. I told her that didnt make sense-if she said immigration officers escorted him to the airport and put him on a plane to return to his homeland-he was deported. She said the application was approved and they jjust paid $400 for the visa. This lady is famous for telling stories but I did see a paper from NVC with her sons name on it. I just cannot see immigration sending him to his homeland and 3 yrs later they are allowing him to come back. Anyone with knowledge re: this matter-please enlighten me. She seems so happy that he is going to come back-I did not have the heart to tell her-I dont think so bur stranger things have happened with immigration.

  2. #2
    My co-worker son was a permanent resident alien, married to a USC who got into some trouble about 5 yrs ago-pled guilty but did not serve any jail time. Upon returning to the US from a trip to Europe he was stopped by immigration officers and was told to return with the papers re: the outcome of the case. When he did that -they arrested him, would not give him bail. According to his mother they lawyer was not a good lawyer. She claimed all the character letters from supervisors etc was not presented to the judge. In the end they said he could fight it or go back to his country which he did. Last wk his mom told me that her son will be coming back to the US soon because his wife is filing for him. They are not using a lawyer. It has only been 3 yrs but she said the fact that he voluntary left the US he was not deported therefore he can come back. I told her that didnt make sense-if she said immigration officers escorted him to the airport and put him on a plane to return to his homeland-he was deported. She said the application was approved and they jjust paid $400 for the visa. This lady is famous for telling stories but I did see a paper from NVC with her sons name on it. I just cannot see immigration sending him to his homeland and 3 yrs later they are allowing him to come back. Anyone with knowledge re: this matter-please enlighten me. She seems so happy that he is going to come back-I did not have the heart to tell her-I dont think so bur stranger things have happened with immigration.

  3. #3
    What would have been approved, I would say, was the I-130. It's rare for that not to be approved and it does not grant nor guarantee any visa or immigration status - it's sole purpose is to prove a relationship exists between the petitioner and beneficiary so that the file can continue on.

    Now, to him getting a visa. It's an odd situation. As everyone who is considered inadmissible, he will go through the process right up to the interview at the consulate - all the fees will be paid, all the paperwork handed in. Once he gets to that interview though, he will likely be denied and they will have to go through the waiver process to overcome both the deportation (and yes, it sounds like he was deported) and the criminal conviction. He will only be allowed to return if those waivers are approved.

    It's going to be a long and expensive road for them with no guarantee of success.
    **************************************
    The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

  4. #4
    On a side note, they would be idiots if they didn't at least consult a good immigration attorney for the waiver process.
    **************************************
    The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

  5. #5
    Thanks for the reply. I felt the same way that he was indeed deported and probably will not be allowed to return to the US. I think if they had consulted a lawyer he probably would have told them the same thing. Apparently, the officer that transported him to the airport told him that his wife can file for him to return to the US. I think money is a factor here and that's why he chose to go home in the first place instead of fighting deportation. His lawyer showed him many examples of immigrants paying lots of money to fight deportation and in the end they were deported and had a lot less money to live on in their country. I will update the forum with the final decision.

  6. #6
    It's not a completely lost cause, circle. He could come back, but they will need to go through the waiver process. Even if it wasn't an actual deportation, the criminal conviction (and stripping of his permanent residence) would require that.

    Basically for the waiver, his wife needs to prove extreme hardship to herself and any children they may have should he not be allowed to return. What constitutes hardship is pretty broad, but the criteria is strict. Again, they'd be silly not to consult a lawyer for at least that portion of the process.
    **************************************
    The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

Similar Threads

  1. The Return Of Satan
    By Michaelthegreat in forum Immigration Discussion
    Replies: 31
    Last Post: 02-10-2008, 05:09 PM
  2. Return
    By in forum Immigration Discussion
    Replies: 5
    Last Post: 07-04-2003, 06:17 AM
  3. Return After Deportation
    By in forum Immigration Discussion
    Replies: 61
    Last Post: 06-23-2003, 03:48 PM
  4. HOW CAN SHE RETURN
    By in forum Immigration Discussion
    Replies: 5
    Last Post: 03-28-2003, 07:06 PM
  5. Return Americans
    By in forum Immigration Discussion
    Replies: 5
    Last Post: 08-09-2002, 02:44 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: