QUESTION
If you were deported due to a felony when you were a teenager, can you apply to come back when you are an adult?
Asked on Dec 01st, 2014 on Immigration - Illinois
More details to this question:
My husband lives in Jamaica. He came here with his mother when he was a teenager. He was charged with possession of a firearm and got probation then got in trouble again. They deported him, he did jail time in Jamaica. They told him he could reapply in 5 years to come back. It's been 10 years. What are his chances of being able to return since I'm going to be filing for him.
2 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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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. Since we do not have all the facts, it is impossible to give a completely accurate answers. What's his criminal history? When he got in trouble after the 1st conviction, what was he charged with? Why was he in jail in Jamaica? I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your husband's situation. (S)he would then be in a better position to analyze his case and advise you of his options.
Answered on Dec 02nd, 2014 at 9:01 PM
More information about the criminal offenses are needed. If the crime is defined as an "aggravated felony" for immigration purposes, then that is much more serious. Some state felonies can be overcome with waivers, while other felonies are permanent bars on immigration. I strongly recommend an appointment with a competent and experienced immigration attorney before you apply. Good luck.
Answered on Dec 02nd, 2014 at 9:50 AM