QUESTION

How can I start the process or even try to return to the US after my imposed barred period?

Asked on Jul 17th, 2019 on Immigration - New York
More details to this question:
I was deported from the US in Dec. 2008 after living there as a Permanent Legal Resident for 39 years. I have a sister and a brother in the US, also a friend who is willing to help me.
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
To return to the US as a permanent resident, the first hurdle is that you have to have a basis to immigrate. DHS will not allow a person who has been a former permanent resident to use the former basis to come back. Therefore if your brother or sister wishes to petition for you, you would have to wait approximately 12 years for the backlog to clear under the F-4 category before immigrating. Assuming that you have some viable way to immigrate sooner, the 10 year bar for having been deported may well be overcome, but the question is whether you are inadmissible for other reasons, such as crimes or fraud/misrepresentation. If there are other bars, you would have to obtain waivers before being allowed to immigrate. If you are subject to no other bars and wish a nonimmigrant visa to return to the States, you would apply directly to the American consulate or embassy if the purpose is to visit and usually to U.S.C.I.S./consulate or embassy if you wish a temporary work visa. 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.  
Answered on Aug 14th, 2019 at 5:07 AM

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