Can we bring my son's father back to US after voluntary deportation on behalf of my son? 4 Answers as of August 26, 2011

The answer to your question is it depends. It would depend upon how long he was in the U.S. illegally before he was deported. If an individual has been in the U.S. for more than six months illegally then he cannot re-enter the country for three years. If the individual was here more than a year illegally, then he cannot re-enter for ten years. Unfortunately, since your son is a minor, he cannot petition for any benefits for his father until he is 21 years of age. Also, your husband may have additional bars depending upon whether he was deported or took voluntary departure.

He will have to apply for admission at a US Consulate or Embassy in his home country. He may be subject to a 3, 5, or 10 year bar to re-admission into the US based on his deportation in absence for failure to appear. If you wish to set up a $50 consultation in English or Spanish, contact me at 213-386-3377. Good luck,

Normally, someone who is deported must wait 10 years before seeking permission to re-enter the U.S. If your ex has a US citizen child over age 21, they can file a visa petition for him. If his only US citizen relative is the 6 year old son, he may be able to get a waiver of the re-entry bar based upon "extreme hardship".

It is unclear if your ex took a voluntary departure or he was deported. If the latter, he cannot come back for at least 5 years unless he has permission from the USCIS to reapply for admission early. If he took voluntary departure, he may come back provided he can get a visa. Your six year old child cannot petition for him as children must be 21 to petition for parents. Consult with immigration lawyer for advise.