Hi my dad got deported because he did not know he got a court order by an immigration judge about 10 years ago. Can he still apply for a visa to visit
Asked on Oct 04th, 2019 on Immigration - California
More details to this question:
He did marriage paperwork to become a citizen a long time ago, but he never had done his fingerprint. He went back to Vietnam and came back to visit me and our family many times in the United States after that. However, he got a court order at that time but he already left and did not know anything about the court order. After I became a US citizen, I tried to apply to sponsor for his green card but they found out that court order thing and deported him. It has been 2 years since that happened. His wife, my Mother, is living in the US with my brother, and I an also living in the US as well. He is alone in Vietnam without any relatives and his family. I am wondering if he is be able to ask for a waver so he can get a visiting visa to visit us in USA?
Generally speaking, persons who have been ordered deported have a difficult time obtaining visitors visas to the United States. There is initially the onus that comes from having been deported and the question of whether the individual will go back home at the end of the visit. An applicant would have file for the visitors visa and I-212 application for advance permission to reapply for entry to the US after deportation. The consular officer would make the decision on the visa and the I-212 would have to be approved by U.S.C.I.S. You should also look into the court order if it was a criminal case as that might be a separate ground for inadmissibility. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
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