If a green card holder is convicted with felony and deported can she still go back to US by her fiancee visa? 5 Answers as of June 14, 2011

There's no case or charges yet but we have read a lot of consequences for a green card holder being convicted of a felony and it includes deportation. We would like to know if it is possible to come back in US by fiancee visa even you were convicted of felony and deported?

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Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
Not until she receives a waiver. You need a lawyer to apply for this, approval of which is at the discretion of general counsel of USCIS.
Answer Applies to: Florida
Replied: 6/14/2011
Eric M. Mark, Attorney at Law
Eric M. Mark, Attorney at Law | Eric Mark
It depends on the what the conviction is for and what the sentence is, as well as on the US citizen in the relationship. You need a criminal defense attorney and an immigration attorney immediately. Waiting until after the conviction to hire an attorney will make things more difficult.
Answer Applies to: New Jersey
Replied: 6/14/2011
Theresa E. Tilton, Attorney at Law
Theresa E. Tilton, Attorney at Law | Theresa E. Tilton
"Actions have consequences" is an old Army expression. If you are convicted of a felony and deported, no, you cannot come back on a fiancee visa. You can't even come back as the spouse of a US citizen, without a very rare waiver. You choose the action, crime, and you choose the consequences, imprisonment and deportation. When you are convicted of a felony, US law regards you as an undesirable person. We want you out of here so that you cannot commit more crimes here. There are similar laws in most countries. US residence is a a right for US citizens. For all others, it is a privilege.
Answer Applies to: Washington
Replied: 6/14/2011
Law Offices of Caro Kinsella
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
Yes it is a possibility, but you would need a waiver to re-enter. contact my office for a free consultation.
Answer Applies to: Florida
Replied: 6/14/2011
Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
The deported one would have to wait at least 10 years before being considered for reentry.
Answer Applies to: Virginia
Replied: 6/14/2011
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