QUESTION

Can a man return to the USA after being arrested and deported?

Asked on Jul 31st, 2013 on Immigration - California
More details to this question:
A relative of mine was arrested for fraud and deported. He served his full term of two years and was deported back to his home country of Ghana back in 2005.
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2 ANSWERS

Immigration Law Attorney serving Long Beach, CA at Law Offices of Brian D. Lerner
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It is possible. Permission to Reenter, Consulate Processing and Waiver of the 3/10 year bar. There are three packages that must be completed. The Consulate Processing, the Permission to Reenter and the Waiver of Inadmissibility. A Consulate Processing package needs to be done for the Family Petition. This is a petition that will allow your loved one to come to the U.S. Our firm can prepare the Consulate Processing package which goes through U.S. Immigration, the National Visa Center and then the Consulate, so it goes smoothly and correctly. A Waiver of Inadmissibility will have to be obtained. This is a package that will include a legal brief, forms, documents, exhibits and declarations. My firm can prepare the entire waiver, and attach all of the necessary documents. It will take several months for the decision, and if done correctly, there is a good chance of an approval. The Waiver essentially makes the ground of ineligibility (i.e., the 3/10 year bar) disappear so that the you will be allowed entry into the U.S. You will also need to have a Permission to Reenter done so that the deportation bar will be lifted. This is a complete package that goes to the District Director to allow entry into the U.S. many years prior to when the deportation order would allow.
Answered on Aug 08th, 2013 at 10:19 AM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. Depending on the exact charge he was convicted of, he may be permanently inadmissible from returning to the U.S.
Answered on Aug 01st, 2013 at 1:35 AM

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