QUESTION

How can my mom come back to the United States after being deported?

Asked on Jul 28th, 2012 on Immigration - Texas
More details to this question:
My mom was deported a year ago after trying to get legal as long as I can remember. She was caught trying to cross in 1997 but came back illegally now they kicked her out and she's been in Mexico. She has no criminal record and my dad, sister, brother, and I are all citizens. We've hired four different lawyers and they all take are money and disapper. Is there anything we can do or will she never be allowed back in?
Report Abuse

6 ANSWERS

She is not eligible to return to the US until she has satisfied the conditions of her deportation order. Usually it is at least 5 years, but often 10 years being barred from reentry.
Answered on Sep 07th, 2012 at 2:21 PM

Report Abuse
Immigration Law Attorney serving Long Beach, CA at Law Offices of Brian D. Lerner
Update Your Profile
Hello: Because she entered illegally a second time, she is now subject to the permanent bar and cannot even apply for a Waiver of the permanent bar for 10 years. At this point, it would be best to try to go back to the original deportation order and do a Motion to Reopen to try to get her back into proceedings and show the deportation order was incorrectly issued. *Motion to reopen* A motion to reopen must be prepared. This is a movement we need to unite and prepare all other measures and requests. Unless the motion to reopen is granted, the case can not proceed. Once the motion to reopen is filed, there are two possible outcomes. First, the motion could be granted. If this is the case, then we can enter into an agreement to represent the underlying issue. Otherwise, the motion be denied. If he refuses, then it must be challenged. In addition to the motion to reopen, a motion for stay is usually required so that there is no immediate enforcement of the deportation order.
Answered on Aug 20th, 2012 at 1:05 PM

Report Abuse
Immigration Law Attorney serving Los Angeles, CA at Law Offices of Alan R. Diamante APLC
Update Your Profile
Attorneys can be found online. They most likely paid fake attorneys. If your mother was deported twice, she will be barred. Go to a real attorney with all the facts. I charge $100 to provide the legal truth.
Answered on Aug 20th, 2012 at 1:29 AM

Report Abuse
If she entered or attempted to enter the United States unlawfully after being caught and "deported" at the border in 1997, she will face a 10-year permanent bar and will not be able to come back until she has been outside the country for at least 10 years since her last departure. If she was caught in 1997 and only given a "voluntary return," she still may be able to seek a waiver ("perdon") for having been here unlawfully and even for having been deported a year ago. If she is not subject to the permanent 10-year bar I described above, she may be able to seek a waiver for the deportation and a separate waiver for being here unlawfully based on "extreme hardship" to your dad (i.e. her husband) if she cannot return or if your dad were to decide to move to Mexico to be with her.
Answered on Aug 20th, 2012 at 12:08 AM

Report Abuse
First of all, you should contact the lawyers who you have paid and either demand services for money paid or a refund. If this is not successful you should report them to the State Bar. For more information on this process please see http://www.calbar.ca.gov/LinkClick.aspx?fileticket=dhPvDU_guk4=. Regarding your mother's situation it is complex and requires waivers which may or may not be applicable based on the situation. The first step is to set up a consultation with an experience immigration attorney such as myself or another of your choice so all details and facts can be analyzed to see if there is a pathway for your mother to immigrate to the US and the process and timelines for this process. If no one has done so yet the first step for your or one of your siblings (must be US Citizen and at least 21 years old) to file an I-130 Petition for an Immigrant Visa on your mother's behalf.
Answered on Aug 19th, 2012 at 4:54 AM

Report Abuse
Your mom's case is complex and I need more information to determine what her options are, but it is possible to bring her back.
Answered on Aug 19th, 2012 at 4:52 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters