QUESTION
Can we bring my son's father back to US after voluntary deportation on behalf of my son?
Asked on Aug 24th, 2011 on Immigration - California
More details to this question:
My ex husband left on a voluntary deportation order two years ago, we have a six year old son together who needs his father. I need to know if there is any way his father would be allowed entry into the usa to visit and spend time with his son. It seems there must be something that can be filed on behalf of our son. My ex was deported due to missing a court date regarding his immigration status change, he noted the wrong date on the calendar, thats it, never had gotten in any kind of criminal trouble. Please help, thanks.
2 ANSWERS
Real Estate Attorney serving Frisco, CO
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The Law Office of Eric A. Fisher, LLC
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Normally, someone who is deported must wait 10 years before seeking permission to re-enter the U.S. If your ex has a US citizen child over age 21, they can file a visa petition for him. If his only US citizen relative is the 6 year old son, he may be able to get a waiver of the re-entry bar based upon "extreme hardship".
Answered on Aug 24th, 2011 at 8:49 PM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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It is unclear if your ex took a voluntary departure or he was deported. If the latter, he cannot come back for at least 5 years unless he has permission from the USCIS to reapply for admission early. If he took voluntary departure, he may come back provided he can get a visa. Your six year old child cannot petition for him as children must be 21 to petition for parents. Consult with immigration lawyer for advise.
Answered on Aug 24th, 2011 at 7:35 PM