Can I get my green card back after being voluntarily deported? 3 Answers as of March 03, 2011

I was voluntarily deported back in 2000, but I got released. I have not committed any crime since then. I got married to a US citizen wife and have a 4 years old son and 2 successful businesses. Can I get my green card back? The charge back then I committed was just a theft misdemeanor.

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
The problem is, if I understand correctly, you were given an order of deportation in 2000 with an allowance for you to have voluntary departure. You had no more than 90 days to do so. When you stayed in America since then instead, you became guilty of a continuing immigration violation which, under section 237 of the Immigration Act, subjects you to being kept out of the USA for at least 10 years, and since it would be a second violation for having returned, possibly 20. You are going to have to obtain a special waiver, and that will not be easy. I would be willing to seek to help, however. Feel free to call or e-mail me for an appointment.
Answer Applies to: California
Replied: 3/3/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
Yes it is possible for you to obtain a Green Card. You will not get your old Green Card back, but could be granted new legal permanent residence status. If you did not leave the country after being granted voluntarily you may have to reopen your immigration court case. This would certainly require the assistance of an attorney.
Answer Applies to: California
Replied: 3/3/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
Since you have already been sent overseas we will need to re-apply for your permanent residency - you may or may not have been eligible for LPR cancellation of removal but it is too late now. We will need to see the documents relating to your "voluntary deportation" (probably either voluntary departure or deportation) as a misdemeanor theft would not normally result in this. We will need to re-apply for your permanent residency through your marriage and I would anticipate the process taking 7-12 months.

I would be happy to consult with you on your case. I do charge for consultations but whatever is paid for the consultation would be a credit toward the fees for your case if you retain us for further work after the consult. The consultation can be scheduled as indicated below by contacting my secretary.
Answer Applies to: California
Replied: 3/3/2011
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