Immigration Law Quesiton: Reenter permit

[Laz]

Hi, can you help me answer my question? I lived in the states with my family and 2 kids from june 11 '95(I entered with a tourist visa) to may 27 '05. I always paid taxes for those 10 years. They deported me using this 237(A)1(B) law. Only I got arrested and deported; after this my entire family came after me. 2 years ago my daugther went out legally and got married and has been a green card holder for more than 1 year. My question is, can I cancel my deportation, reopen my case and apply for green card or do I need to wait for my ten year penalty (7 years have already passed) to expire or could I just simply be able to go visit (apply for reentry permit)? Or should I give in some kind of application when my daugther is a citizen?
Thank you very much and im waiting for your answer.

[Laz]

Hi, can you help me answer my question? I lived in the states with my family and 2 kids from june 11 '95(I entered with a tourist visa) to may 27 '05. I always paid taxes for those 10 years. They deported me using this 237(A)1(B) law. Only I got arrested and deported; after this my entire family came after me. 2 years ago my daugther went out legally and got married and has been a green card holder for more than 1 year. My question is, can I cancel my deportation, reopen my case and apply for green card or do I need to wait for my ten year penalty (7 years have already passed) to expire or could I just simply be able to go visit (apply for reentry permit)? Or should I give in some kind of application when my daugther is a citizen?
Thank you very much and im waiting for your answer.

[Aroha]

Your daughter can not sponsor you until she becomes a US Citizen.

It is unlikely you would be approved for a tourist visa and there is no re-entry permit in your case.

[abroaduni]

I would like to suggest you that,you should take an advice from visa lawyer or expert immediately in this case.He will suggest you the best option for you.

Good Luck!!!

canada visa

[OldE3]

237(A)(B) has broad application and one who is deportable may fall under it.

Read the experts advise here: http://www.justanswer.com/immi...s-matter-person.html

[Aroha]

The time limit for reopening the original case is long past.

[Laz]

I just read somewhere that if you have an US relative who is a permanent resident or US citizen and have spent 10 years in state with good moral character, you can apply for a green card, but I think only if still in the states(before deportation). So what about my situation, outside of the US?

[OldE3]

You can ,under specific circumstances, file motion to reopen your case if you have statutory grounds to do so [even if you are outside the country after deportation].

You should contact an expert in the field who
regularly deals with MTR.

Rules governing MTR are stringent past the deadline, you can file only one MTR and there
is no appeal of the decision.

Generally speaking MTR can be filed and approved
at any length of time after case is closed, however there are very strict guidelines and
limitations on such MTR's.

You MUST consult a practicing immigration attorney to get answer to your question.
This is a public forum and most posters here
are not familiar with complex regulations and laws of INA and give only hunch or 'gut feeling' based advises, with very vague understanding of INA/CFR and existing case precedents.

Good luck.

[Laz]

Ok thank you very much guys; for all your help

[OldE3]

You are welcome, Laz.

If you need legal advise you should contact an immigration attorney.

We don't know all circumstances of your case and couldn't possibly make an educated guess , even if we knew all existing statutes. On top of it we are not immigration lawyers and we don't know many laws/codes, case precedents
which are too complex for any layman to know and remember.

It is a bad idea to create the forums as means of helping people in need of immigration help.

I constantly visit numerous forums (ilw is the one where I also post my opinion) and see how greatly misleading information is being disseminated on this type of public forums. People are advised to do things that are obviously wrong or suggestions made based on assumptions that may not be applicable to an individual asking for a help.

I can't imagine how greatly must suffer all those who are too greedy or naive enough to rely on such advisory boards instead of researching the existing laws and asking, when necessary, an expert advise specific to their circumstances.

Good luck and see an attorney for legal help.