QUESTION
Is it possible for someone to re-enter the US?
Asked on May 28th, 2013 on Immigration - California
More details to this question:
My boyfriends cousin had missed is citizenship court date as soon as he had realized this he called immigration to reschedule and went to talk to them. After a few weeks, they took his license and told him to now longer work and/or drive. He then a few weeks later went to a scheduled meeting with them where they then had put him in a jail dormitory and held him for about 2 weeks before deporting him. He has never had any trouble with the law here, has been here legally for about 9 years, always had a job, does not have any children, and is an older polite man that's very educated. We are wondering since he has been gone only for a week now is it possible to bring him back or what steps and who would need to be contacted to start the process, if it is even possible?
9 ANSWERS
Adebola O. Asekun
From experience, it appears that when your relative was apprehended, it might have been pursuant to execution of an outstanding order of removal. He missed a scheduled immigration court hearing which may have resulted in entry of an in absentia order of removal. You are urged to consult with an experienced immigration attorney. In the interim, please advise this individual not to attempt to return to the US without DHS permission
Answered on Jun 04th, 2013 at 9:35 AM
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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It is always much harder to reverse someone's deportation when it would have been to prevent it; and it isn't at all possible unless, in deporting that person, the Immigration has seriously overstepped the law. But there is only one way to find out whether your boyfriend's cousin can be helped: to try. First of all, the man has to tell an immigration attorney his story, with absolutely all the details. If the attorney would agree to take the case, he would need all the documents pertaining to it; unless the client or his family can provide all the necessary documents, they would have to be requested from the government (which takes months and months). And only after studying the record, the attorney will be able to determine whether he can help and what needs to be done.
Answered on May 29th, 2013 at 10:39 PM
Immigration and Naturalization Attorney serving San Francisco, CA
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The Law Office of Christine Troy
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It sounds like there is a lot more going on here than the facts presented. I don't mean you are hiding something. Instead that there are facts of which you are unaware. I highly recommend that your friend contact a competent immigration attorney and have a phone consult to discuss his case and any options that exist. Make sure the attorney specializes in deportation/removal.
Answered on May 29th, 2013 at 11:52 AM
More information is needed. Usually, if a person has been in the U. S. in lawful immigration status, then he will not be deported. What seems to have happened is that he violated civil immigration laws, which led to a removal order by the immigration court. It is unclear whether he has been unlawfully present for more than a year, because he overstayed the terms of a past visa entry into the U. S. If so, then he can be barred from a visa for ten years, perhaps longer , as a matter of consular discretion. I strongly recommend the he schedule an appointment or teleconference with a competent and experienced immigration attorney.
Answered on May 29th, 2013 at 11:52 AM
Immigration Law Attorney serving San Francisco, CA
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Law Offices of S. Ouya Maina
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It seems the information you have may not be completely accurate. Generally one does not go to court for citizenship. What you have described most likely was that your friend was in removal proceedings and missed his hearing. When that happened the court probably ordered him removed (deported) in absentia - he was ordered removed for not showing up. When he later went to the "meeting" with Immigration and Customs Enforcement a few weeks later, they executed the removal order and took him into custody for removal (deportation) from the US. Returning will be difficult for a few reasons: he has been removed from the US and that always carries a time bar on return. He was probably also in the country unlawfully which also carries significant time bars to returning.
Answered on May 29th, 2013 at 12:46 AM
Bruce A. Coane
All of this seems to make no sense. Presumably he had no lawyer? To evaluate, we'd have to see all the relevant documents. Normally, however, if you've been deported you can't return for 10 years.
Answered on May 28th, 2013 at 11:54 PM
Immigration and Naturalization Attorney serving San Diego, CA
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Feldman Feldman & Associates, PC
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Something isn't adding up about this.
Answered on May 28th, 2013 at 10:59 PM
Your question does not have specific details to answer the question properly. I need to know for what reason was he deported, and did he have a green card or not? If you do not have the specifics of the case, you should seek the advise of an experienced immigration attorney.
Answered on May 28th, 2013 at 9:42 PM
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. I strongly suggest that your boyfriend contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding his cousin's situation. He/she would then be in a better position to analyze his case and advise your boyfriend of his cousin's options.
Answered on May 28th, 2013 at 9:32 PM