QUESTION
What is the process for a temporary green card holder deportation from the United states of America after criminal conviction was vacated?
Asked on Mar 12th, 2016 on Immigration - New Jersey
More details to this question:
who is barred permanently:If you have been convicted of an aggravated felony, entered the U.S. without permission after being removed (deported), or illegally reentered the U.S. after having previously been in the U.S. unlawfully for more than one year, you may be permanently barred from entering the United States. This isn't quite as bad as it sounds, however, in that you are allowed to apply for a waiver of inadmissibility after ten years. Am illegible for this waiver?
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
You may be eligible for a waiver of the "permanent" bar after you have been outside the US for 10 years. At that time, you could apply for one and it would be adjudicated in accordance with law. One of the things that will be considered is the aggravated felony even if the criminal conviction was vacated. In the eyes of DHS, an individual can be declared inadmissible if he or she admits the facts of the barring act. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Apr 09th, 2016 at 11:18 AM