How can I come back to the US if I was deported a year ago? 6 Answers as of February 17, 2012

I was deported from the United States a year ago for marijuana sales. Since it was an aggravated felony, I am barred from entering the US for life. I was wondering if I even qualify for the waiver, and if I did how difficult it would be. Also, I was wondering if there was a higher power I could write to appeal. I was thinking of something along the lines of a pardon, but a deportation version. For example, can I write someone like the Attorney General in hopes of persuading him to exercise his power to lift the ban?

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Law Offices of Brian D. Lerner, A PC
Law Offices of Brian D. Lerner, A PC | Brian David Lerner
*Criminal Relief* The U.S. Immigration laws are very strict. In this particular case, the past crime is preventing you from going forward with obtaining any immigration benefits. In fact, in a deportation in this type of matter, it could very well result in deportation for life without any possibility of coming back. It is never easy to obtain criminal relief, but it is the only realistic chance that exists. We file the necessary paperwork in order to try to get the conviction vacated or reduced so that it is not an aggravated felony. A Supreme Court case Padilla vs. Kentucky has come out which essentially states that if you were not properly notified of the immigration consequences of your plea, then your sixth amendment rights to counsel have been violated. Thus, we would go back into the criminal court based in large part on Padilla vs. Kentucky.
Answer Applies to: California
Replied: 2/17/2012
Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
The answer to all questions is no. Life time bar.
Answer Applies to: Nevada
Replied: 2/15/2012
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
You can still file for a waiver and make a compelling case if you have one to the secretary/attorney general. The Secretary has the power to lift any ban she wants to right now. So, you still have to make the argument no matter how long a shot it is. Waiver discretion is exercised on case-by-case basis. There are no absolutes in Immigration, for the most part. Good luck!
Answer Applies to: California
Replied: 2/14/2012
Law Offices of Kiran Nair
Law Offices of Kiran Nair | Kiran K. Nair
If you have family in the U.S., I recommend that you have them consult with an attorney on the specifics of your case. However, generally, drug conviction for anything other than possession for personal use of 30 gram or less of marijuana such as for sale or transfer is an aggravated felony barred any exceptions under current immigration laws.
Answer Applies to: California
Replied: 2/13/2012
Law Offices of Alan R. Diamante, APLC
Law Offices of Alan R. Diamante, APLC | Alan R. Diamante
You can request a pardon from the President. You can apply for a waiver with a non-immigrant visa. It is unlikely to be granted if you don't have a lot of evidence in support of your waiver.
Answer Applies to: California
Replied: 2/13/2012
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