Can I obtain residency through my children? 2 Answers as of May 31, 2011I was a residency of the US for over 30 years I was deported from the US under the INA: ACT 241 - DETENTION AND REMOVAL OF ALIENS ORDERED REMOVED it has been 10 years now, I want to go back for residency because of my children they were born in the US how can I obtain residency
World Esquire Law Firm | Aime Katambwe
I cannot speak specifically to your case since I do not know the reasons why you were removed from the US and how long you were barred for. Generally, a person who has been removed from the US must wait at least 10 years prior to re-applying for permission for admission into the US. The Attorney General or the Secretary of USDHS must consent to you being admitted. Your application must be made outside the US. If you have a visa available to you from one of your children, then you will have to have an I-212 Waiver ready to be filed when the Consular Officer asks you to do so. I will recommend that you retain the services of competent counsel since I do not believe that a waiver application supporting documentation should be prepared by a lay person. So, get going on the visa, the sooner your children apply for you, the quicker you will get here. Good luck!
Answer Applies to: California