Can my dad get a green card to immigrate to the US? 3 Answers as of December 31, 2010

I am 20 years old and am going be 21 in july 18 im a US citizen live in new jersey with my mom and my dad lived in US for more than 15 years but he got deported for a domestic violence case with my mom but he being in dominican republic for more than 6 years so I am asking if he could get a his green card back and in case yes, in how long?

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
The fact that your father was deported more than five years ago usually makes him eligible to apply for permission to apply for waiver of inadmissibility under section 212a of the Immigration & Nationality Act. But the problem is that he was deported for a cause related to an act of domestic violence, under section 237 of the INA, which makes him ineligible for at least 10 years and probably permanently, which can only be undone if you are able to petition for him with an I-130 petition for alien relative, and he is able to obtain a waiver to apply under section 212a. A demonstrated hardship must exist to allow that application to go through, and there will have to be demonstrated evidence of reformed character, among other things. If you want to discuss this further, please by all means call or e-mail to set up an in-person or phone consultation. Best to you.
Answer Applies to: California
Replied: 12/31/2010
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
It is unknown how many years your Dad was required to stay out of US. If he is required to stay out of US for 5 years, then he can reapply visa or family-based green card. if not, he either choose to wait out until the required waiting period expires, or he choose to file application to reentry after removal/deportation.

It is not going to be easy and simple. You should seek lawyer's help!
Answer Applies to: Florida
Replied: 12/13/2010
Carlos E. Sandoval, P.A.
Carlos E. Sandoval, P.A. | Carlos Sandoval
It could be possible, but first we would have to check if he qualifies for a waiver.
Answer Applies to: Florida
Replied: 12/12/2010
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