QUESTION
What can I do to re-entry after being deported for a felony?
Asked on Oct 11th, 2012 on Immigration - Michigan
More details to this question:
I had entered the US legally with my mother and got caught at some point in 2001 going to Canada since my mom didn't know immigration procedures and thought it would be better for us since we had family in Canada. We were given two options, asylum and voluntary departure after a friend paid the bail. We chose asylum for which we were ordered deported. Somewhere along the line I conducted a felony for which I was issued a bench warrant after I failed to appear which my lawyer proved he also did not get a summons. I got married in 2009 and applied for citizenship. In early 2010 I was picked up by ICE and was given 3 years probation which I did not serve and immediately was deported 4 months later from the date of arrest. This was for 4th degree lewd conduct (embarrassing). My wife followed me to Kenya where we had a baby who is also an American citizen now, they have gone back and my wife is trying to see how she can get me back. My questions are is it really possible to return right now with a waiver I heard if it gets denied I can never return. Or should I wait out the bar till the 10 years are complete and it would be easier then? She has consulted some lawyer there and he says it will be a total cost of about 20k USD plus she will have to show hardship depend on government etc (I really don't want her to do that and mess things up for herself coz I heard you can't buy a house etc if you do that). Any kind of advice would be well appreciated the more the better, thanks in advance. Note my Immigration case was in NY but my criminal case was in NJ.
2 ANSWERS
More information is needed. I strongly recommend an appointment or teleconference for a second opinion with a candid, competent, and experienced immigration law firm like our office. You should discuss the details with someone who will take the time to carefully discuss the matter. Perhaps, there are other alternatives.
Answered on Oct 12th, 2012 at 11:17 PM
There is no simple answers to your problems. It is sad that your are separated from your wife and child. If your wife wants to bring you back legally, I hope she can find a good attorney she can trust. One who has a good reputation and recommendations from friends and relatives. I would think there are attorneys who will not charge $20,000 and will give your wife an honest evaluation of the case. But she will need to pay for the evaluation unless she can find a pro bono attorney who will spend some time in analyzing and researching the case. Your case is too?complicated to address fully from just your question over the Internet. But if there is a way to petition for you with a waiver, it is probably worth a try. Applying for a waiver and having it denied?should not affect any future relief you may be eligible for. Waiting 10 years may or may not help. You may need a waiver under all circumstances.
Answered on Oct 12th, 2012 at 11:14 PM