Can our father legally immigrate back to the US after deportation? 7 Answers as of December 19, 2010

My father was incarcerated about 16 years ago and at that time he was a permanent resident. Because of his incarceration his papers got taken away. During his release he was not given a time frame of deportation so after 3 years he decided to come back to the US illegally. He was here from 1995 to 2009 and during that time he did taxes, paid tickets, and did what every US resident should do. He had his drivers license and his social security card because it was never taken away. In 2009 he got taken by ICE and deported once again after being incarcerated for two years. All 5 of his children are US Citizens. What I want to know is if there is ANY way we can have him come back legally. Please help we are desperate because we fear for his safety in Mexico.

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
I am sorry, but he is probably not ever going to be eligible. He did not apply for permission to re-enter, he just did, and after a deportation. Doing such creates at least a 10-year ban, and in fact , if he was deported due to a felony record, and he already had a ten-year bar to even applying for legal residency according to what you said, for at least 10 years after the first deportation. Indeed, he probably has a permanent bar to re-entry. On top of that, the use of his social security card is terminated after deportation. To use it afterward is felony fraud under federal law. I am sorry for your loss, but as it looks, it's a permanent bar.
Answer Applies to: California
Replied: 12/19/2010
Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
Probably not, until after at least 10 years have elapsed since his last deportation date.
Answer Applies to: Virginia
Replied: 12/4/2010
Messing Law Offices, P.L.C.
Messing Law Offices, P.L.C. | John Messing
Your father may be able to return, but only after the requisite time specified in the deportation papers that would have been given to him when he left. If he committed a very serious crime called an aggravated felony or did some offense that is called a crime of moral turpitude or CIMT, he may not be able to return, or if he can, not for a very long time. These are technical distinctions that knowledgeable criminal immigration lawyers understand best.

If his offense was an aggravated felony, he may be barred for life. It depends on the terms of the deportation papers and criminal court papers, which are important to understanding his rights.

Please note that without a retainer agreement, we do not represent you, no communication is attorney client privileged, and we cannot be responsible for your case.
Answer Applies to: Arizona
Replied: 12/4/2010
JCS Immigration & Visa Law Office
JCS Immigration & Visa Law Office | Jack C. Sung
Basically, if you come back to the US after being deported, you are barred for life. In fact, this is considered a criminal defense.
Answer Applies to: California
Replied: 12/3/2010
Law Offices of Daniel Richardson
Law Offices of Daniel Richardson | Daniel R. Richardson
The minimum time before your father can return legally was set forth in his deportation papers, but the usual time without special conditions is 10 years without a waiver. There are some waivers available, but his eligibility would be dependent on the hardship to his close relatives rather than to him.
Answer Applies to: California
Replied: 12/1/2010
    Law Offices of Juan Dotson
    Law Offices of Juan Dotson | Juan Dotson
    Your father has a very difficult case, maybe impossible case. Unlawful Re-entry after a valid deportation order is bad news and subjects him to a 10 year bar or permanent bar if he was removed because of an aggravated felony (he does not have a case). Fees for this type of case is quite expensive since the attorney must obtain multiple waivers both in the US and abroad.
    Answer Applies to: California
    Replied: 12/1/2010
    Law Office of Immigration & International Trade Law
    Law Office of Immigration & International Trade Law | Linda Liang
    If you can prove extreme hardship on your family if he is refused admission, he can obtain a waiver for 10 year immigration bar. This extreme hardship is hard to meet. You should contact us with details for further assessment.
    Answer Applies to: Florida
    Replied: 12/1/2010
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