Is there a way that we could get my father back in the U.S legally? 4 Answers as of March 06, 2011

My father had an order of deportation after he tried to file for his redidence. He left before he was ordered to leave so he did not receive the 10 year penalty. Myself and both my brothers were born in the U.S. My father did enter the U.S. illigaly. Is there a way that we could get him back in the U.S legally?

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
I believe that, if he did not receive a 10-year bar, that he nonetheless had an automatic 3 year bar, but I am curious, if he was there illegally, and had lived in the U.S. for more than a year, he still had a mandated 10-year bar, unless stated otherwise in the order of removal. There is a possibility he can be brought back through an I-130/DS-230 application, which needs to be discussed further. If you want the help of an attorney, please feel free to contact me through a phone call or e-mail to set up a consultation appointment.
Answer Applies to: California
Replied: 3/6/2011
Calderón Seguin PLC
Calderón Seguin PLC | Ofelia L. Calderon
Some of the details of this story are not so clear to me, but in any event, the general answer is that if your father does not have a criminal conviction for which there is no waiver, you can bring him back. You or your brother could file a visa petition on his behalf. I'm not sure if you are correct about the 10 year bar, but if so, then you can file an I-212 application for permission to apply for admission after deportation in the district office where your father's deportation took place. You will need to present the approval notice at his immigrant visa interview at the Embassy. I would probably consult with an experienced immigration attorney to confirm the requirement or non-requirement of the waiver of the 10 year bar because if that waiver is needed, you will need to file all waivers at the Embassy instead.
Answer Applies to: Virginia
Replied: 3/1/2011
Law Offices of Caro Kinsella
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
Yes you or your brothers can file for your father if you are U.S. citizens over the age of 21. Assuming he departed the U.S. under Voluntary Departure, then along with a waiver to overcome his past unlawful presence, you can petition for your father to re-enter the U.S. Call my office for a free consultation to make sure you are advised properly.
Answer Applies to: Florida
Replied: 3/1/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
The fact that he left before he received order of deportation does not mean he is not subject to 10 year immigration bar. Depends on his situation, he may be able to obtain a waiver. You are welcome to contact us for assistance via email. Good luck!
Answer Applies to: Florida
Replied: 3/1/2011
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