Can I come back to the United States after being deported for an aggravated felony? 5 Answers as of August 26, 2012

I was deported 3 years ago for an aggravated felony in NY in which I did 2 years in state prison. I fought my case from an immigration federal prison for another year and a half. My father became a US Citizen when I was 15 years old but he was divorced from my mother. She had legal custody so I did not derive citizenship from him. My mother applied for her citizenship when I was 17 but she received the final paperwork 2 weeks after I turned 18 but the judge denied stating we had no grounds to argue the tardiness of the Immigration courts to give her, her citizenship. I lived in the US for more than 17 years. I was under the assumption I had derived citizenship from my parents. I have a college degree, and I'm my mother’s only son and family member in the U.S. I also think that during my criminal case I should have been informed I was going to have Immigration problems if this was not done until I had already accepted my sentence. I don’t know if this gives ground to re-open the case and possibly attain a different sentencing. I also have a girlfriend that’s a US Citizen and she would be willing to marry me but I don’t know if that helps at all.

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World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
Your case sounds like it needs to be looked at by an attorney dedicated to it. I am afraid this forum is not well suited for it.
Answer Applies to: California
Replied: 8/26/2012
Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
I would need more information regarding your criminal record to determine if you could potentially return to the United States. You may also be able to challenge the underlying conviction as you were not informed of the immigration consequences.
Answer Applies to: New York
Replied: 8/19/2012
Law Offices of Brian D. Lerner, A PC
Law Offices of Brian D. Lerner, A PC | Brian David Lerner
*Governmental Pardon* You are considered to be an aggravated felon under the U.S. immigration laws. Because of that, you will have virtually no chance of ever becoming legal under the current situation. In these types of cases, one of the only items to prepare would be to submit a Petition for a Full and Unconditional Pardon to the Governor. If granted, then a petition for residency will be able to be filed. This office can prepare everything necessary in order to proceed. It is not easy to get an approval, but it is the only chance that exists here.
Answer Applies to: California
Replied: 8/18/2012
Havens & Lichtenberg PLLC
Havens & Lichtenberg PLLC | Michael Lichtenberg
As a person convicted of an aggravated felony, you are permanently barred from re-entry after removal and can be imprisoned for up to 20 years if you try to re-enter without permission. You did not acquire U.S. citizenship through your father's naturalization because you were not in his physical custody. Whether the government should have speed up processing of your mother's naturalization application could have been argued at the time of your removal proceedings and, in the Second Circuit Court of Appeals (i.e. in New York), the argument could have been won. But you say that the Immigration Judge ruled against you on this issue; if you did not appeal then, you cannot raise this issue now. Even if your inability to live in the U.S. causes hardship to your mother and/or you wife (if you marry your girlfriend) does not change the result: your aggravated felony conviction sets an absolute bar to your re-entry into the U.S. Your conviction might be challenged under certain circumstances; but it should be discussed in detail between you and your attorney.
Answer Applies to: New York
Replied: 8/17/2012
Law Office of Grady G Gauthier | Grady G Gauthier
Your case is complex and very difficult to analyze based on the information here. All you previous criminal charges, immigration motions, etc. need to be carefully reviewed by an immigration attorney such as myself to determine if there is any recourse. This is not something that can be done for free.
Answer Applies to: California
Replied: 8/15/2012
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