QUESTION

How can I come back to the US if I was deported a year ago?

Asked on Jan 26th, 2012 on Immigration - California
More details to this question:
I was deported from the United States a year ago for marijuana sales. Since it was an aggravated felony, I am barred from entering the US for life. I was wondering if I even qualify for the waiver, and if I did how difficult it would be. Also, I was wondering if there was a higher power I could write to appeal. I was thinking of something along the lines of a pardon, but a deportation version. For example, can I write someone like the Attorney General in hopes of persuading him to exercise his power to lift the ban?
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5 ANSWERS

Immigration Law Attorney serving Long Beach, CA at Law Offices of Brian D. Lerner
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*Criminal Relief* The U.S. Immigration laws are very strict. In this particular case, the past crime is preventing you from going forward with obtaining any immigration benefits. In fact, in a deportation in this type of matter, it could very well result in deportation for life without any possibility of coming back. It is never easy to obtain criminal relief, but it is the only realistic chance that exists. We file the necessary paperwork in order to try to get the conviction vacated or reduced so that it is not an aggravated felony. A Supreme Court case Padilla vs. Kentucky has come out which essentially states that if you were not properly notified of the immigration consequences of your plea, then your sixth amendment rights to counsel have been violated. Thus, we would go back into the criminal court based in large part on Padilla vs. Kentucky.
Answered on Feb 17th, 2012 at 9:17 AM

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Criminal Law Attorney serving Las Vegas, NV at Reza Athari & Associates, PLLC
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The answer to all questions is no. Life time bar.
Answered on Feb 15th, 2012 at 11:59 AM

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Criminal Law Attorney serving Newport Beach, CA at Right Choice Law
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If you have family in the U.S., I recommend that you have them consult with an attorney on the specifics of your case. However, generally, drug conviction for anything other than possession for personal use of 30 gram or less of marijuana such as for sale or transfer is an aggravated felony barred any exceptions under current immigration laws.
Answered on Feb 13th, 2012 at 4:36 PM

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Immigration Law Attorney serving Los Angeles, CA at Law Offices of Alan R. Diamante APLC
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You can request a pardon from the President. You can apply for a waiver with a non-immigrant visa. It is unlikely to be granted if you don't have a lot of evidence in support of your waiver.
Answered on Feb 13th, 2012 at 3:47 PM

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Rogelio Vergara Morales
Have you considered post conviction relief.
Answered on Feb 13th, 2012 at 8:46 AM

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