QUESTION
Is it possible for me to come back to the US to see my children?
Asked on May 21st, 2012 on Immigration - Georgia
More details to this question:
I have been raised in Miami for almost 22 years. i had my green card and in the process of my citizenship i got in trouble i was convicted og theft which i never did before but i went to court and everything was fix. i had pass my citizenship test waiting for the oath but i went to my country for 3 days vacation. i was on probation when i came back to usa INS took my green card away and told me that i had to present myself to INS because i dint have the paper that the judge had granted me to go out the country but i did had permission. now the big question is when i got the date to the oath they dint let me do it. i did a mistake of not hiring an attorney and INS arrest me i was never in jail and really got desperate so i sing my voluntary deportation i been in my country for 7 years already my son who serve the army is 21 yrs old and wants to do a petition for me. i have 3 kidz in the state i never lived in my country before is hard but i havent had any trouble i been working and have good recommendation i work for sprint in a call center. can i filed a waiver and with my son petition do i have any chance of going back atleast to visit my kidz like a visa. my mother just got her citizenship also. any advise please if i can go back whay % do i have??? thank you for your answer
3 ANSWERS
Criminal Defense Attorney serving New York, NY
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Law Offices of Nicklaus Misiti, PLLC
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It may be possible but you need to do the right thing this time and hire an attorney. If you had an attorney from the start you would have saved yourself a lot of these problems.
Answered on Jun 14th, 2013 at 2:19 AM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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You should definitely hire an attorney to help you with this case. At a minimum, your son must petition for you on form I-130. The petition will take at least 1 year to be processed and then you will be scheduled for your immigrant visa interview (residency) at the US consulate in your home country. You will probably need to also file a I-601 waiver for the conviction and another waiver on form I-212 for having been previously deported.
Answered on May 31st, 2012 at 8:14 PM
Business Law Attorney serving Atlanta, GA
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Elkhalil Law, P.C.
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You have a complex situation. There maybe a chance but first of all, we need to have more information about the criminal conviction. If the criminal conviction is not a felony, the process would be a bit easier. However, if the conviction is felony, you may need to hire a lawyer to reopen your case to set aside or vacate the conviction before you file any immigrant petition. You still need to file a waiver.
Answered on May 30th, 2012 at 4:50 PM