QUESTION

Can my husband come back to the US after deportation and banned for aggravated felony?

Asked on Jan 30th, 2013 on Immigration - New York
More details to this question:
My husband was a permanent resident and he was charged with embezzlement, and removed permanently in the US. We have two kids who are both US citizens and I am a US citizen as well. Would he be able to ever come back?
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4 ANSWERS

Adebola O. Asekun
In law as well as in life, it is almost never true to say never to anything. And despite his conviction and deportation for an aggravated felony, it is still possible for your husband to return to these shores. However, there are several challenges once an alien has been deported from this country especially if the deportation is on aggravated felony grounds. First, you and your family's continued support on his case is crucial. Many family members often give up the struggle and there is not much any lawyer can do once the family members decide to let go. Second, a case such as this can be handled only by a lawyer able to go the long distance and can invest the time and resources since such cases may last several years. If this is a fight you and your family wish to pursue, you must first consult with as many immigration lawyers as possible. If you eventually retain one, it must be an attorney with established reputation in this area.
Answered on Feb 01st, 2013 at 6:41 PM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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Depending on the exact charge he was convicted of he may be permanently barred from returning to the U.S. Whether or not he would qualify for a waiver will depend on many factors.
Answered on Feb 01st, 2013 at 10:16 AM

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More information is needed to determine the answer to this question. How long ago was he deported? Has he stayed out of the country since that time? What is the specific code section he was charged under? Was he convicted? All of these things matter. If he is potentially able to return, it will likely include waivers for both a bar to re-entry and a criminal conduct waiver.
Answered on Jan 31st, 2013 at 11:36 PM

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Immigration Law Attorney serving Staten Island, NY at Law Office of Jeffrey Lisnow
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Possibly. You need to discuss this with the attorney that handled the deportation. If you did not have one speak with one now who can review the case. Many, like myself, will have telephone consultations.
Answered on Jan 31st, 2013 at 6:56 PM

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