QUESTION

I was barred for 20 yrs for aggravated felony, can I still go back to the US?

Asked on Dec 28th, 2012 on Immigration - Nevada
More details to this question:
Can my family apply for a waiver because of my hardship in the Philippines? I have no family here all in the US even my children, what is the best solution for my problem, is to go back and be with my family.
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3 ANSWERS

Adebola O. Asekun
Deportation for an aggravated felony bars is very serious and bars almost all forms of relief. While the statute may speak of a bar for 20 years, it is not guaranteed that you can return even after passage of 20 years. But I hasten to add that it is not entirely impossible that you can never come back. My suggestion is that you ask your family members in United States to speak to an immigration lawyer who may review the facts of both your criminal and immigration case. First, you may be able to obtain a post-conviction relief and thereafter, the lawyer may then explore the possibilities of your return into the US. Understanding that this process takes quite a while, you should not attempt to return to the US without DHS permission. If you do and ICE finds out, you risk criminal prosecution for illegal reentry with about 5 years jail term plus subsequent permanent deportation.
Answered on Jan 09th, 2013 at 8:05 PM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. If hardship can be proven for a "qualifying relative", not you, then you "may" be able to get waiver. I strongly suggest that you or a family member contact an experienced immigration/ attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise them of your options.
Answered on Jan 09th, 2013 at 7:09 AM

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Robert E. West
Highly unlikely.
Answered on Jan 08th, 2013 at 7:07 AM

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