What steps need to be taken to get someone back in the US after they are deported?

He has to be petitioned by a qualifying relative or employer in order to get an immigrant visa.

Hello: It depends why he was deported, but generally the following must be done: *Permission to Reenter, Consulate Processing and Waiver of the 3/10 year bar * There are three packages that must be completed. The Consulate Processing, the Permission to Reenter and the Waiver of Inadmissibility. A Consulate Processing package needs to be done for the Family Petition. This is a petition that will allow your loved one to come to the U.S. Our firm can prepare the Consulate Processing package which goes through U.S. Immigration, the National Visa Center and then the Consulate, so it goes smoothly and correctly. A Waiver of Inadmissibility will have to be obtained. This is a package that will include a legal brief, forms, documents, exhibits and declarations. My firm can prepare the entire waiver, and attach all of the necessary documents. It will take several months for the decision, and if done correctly, there is a good chance of an approval. The Waiver essentially makes the ground of ineligibility (i.e., the 3/10 year bar) disappear so that the you will be allowed entry into the U.S. You will also need to have a Permission to Reenter done so that the deportation bar will be lifted. This is a complete package that goes to the District Director to allow entry into the U.S. many years prior to when the deportation order would allow.

If someone petitions him, he can apply for a waiver of the deportation. More information is needed to determine if he needs any other waivers.

This is a very complicated process but it is possible to reapply for admission into the United States after an executed order of deportation. Your father will have to seek a waiver...basically, in simple form, a request for forgiveness by the U.S. government. The ability to obtain a waiver is also dependent on the nature of the reason behind your father's deportation. Because these are very important questions that require an experienced attorney's guidance, I would strongly urge you and your father to seek legal assistance. I was a former ICE attorney for 17 years and I could assist your father in this process. Feel free to contact my law offices to set up a consultation.

You will need to provide more information as to the reasons for your dad's deportation and what family he has in the US now.

He needs to file an application for either a nonimmigrant visa or have an immediate relative or employer sponsor him for an immigrant visa.

Depending on the crime for which your father was convicted and served 5 years for, it may not be possible for him to return to the U.S. 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 father's conviction and deportation. He/she would then be in a better position to analyze you case and advise you of your options.

You will need to start the immigrant visa sponsorship process and apply for any necessary waivers in the US and/or abroad. Given your father's prior deportation this can be quite complex. I highly recommend you consult with an immigration attorney such as me or another of your choice to seek further information outside of this forum.

To bring him back, one of his US citizen children who is at least 21 years of age must submit an I-130 petition on his behalf. It will take at least 1 year for the petition to be processed before his visa interview will be scheduled at the US consulate. He will probably also need to file waivers on form I-601 for unlawful presence and on form I-212 for being previously deported. This type of case is difficult and complex and it is highly recommended that you hire an attorney to help you. .