What steps need to be taken to get someone back in the US after they are deported? 16 Answers as of September 11, 2012

My dad was deported about 8 years ago, they had given him 5 years, so now that he has done his time, what are the steps necessary to get him back to the U.S with us?

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Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
He has to be petitioned by a qualifying relative or employer in order to get an immigrant visa.
Answer Applies to: California
Replied: 9/11/2012
Gilgannon Law, LLC | Stuart D.P. Gilgannon
If there is no longer a bar to admission (not sure where the 5 years comes from), then you may be able to petition for him if you are a US citizen. Contact an immigration attorney to go over your situation in more detail.
Answer Applies to: Wisconsin
Replied: 8/13/2012
Law Offices of Brian D. Lerner, A PC
Law Offices of Brian D. Lerner, A PC | Brian David Lerner
Hello: It depends why he was deported, but generally the following must be done: *Permission to Reenter, Consulate Processing and Waiver of the 3/10 year bar * There are three packages that must be completed. The Consulate Processing, the Permission to Reenter and the Waiver of Inadmissibility. A Consulate Processing package needs to be done for the Family Petition.

This is a petition that will allow your loved one to come to the U.S. Our firm can prepare the Consulate Processing package which goes through U.S. Immigration, the National Visa Center and then the Consulate, so it goes smoothly and correctly. A Waiver of Inadmissibility will have to be obtained.

This is a package that will include a legal brief, forms, documents, exhibits and declarations. My firm can prepare the entire waiver, and attach all of the necessary documents.

It will take several months for the decision, and if done correctly, there is a good chance of an approval. The Waiver essentially makes the ground of ineligibility (i.e., the 3/10 year bar) disappear so that the you will be allowed entry into the U.S.

You will also need to have a Permission to Reenter done so that the deportation bar will be lifted. This is a complete package that goes to the District Director to allow entry into the U.S. many years prior to when the deportation order would allow.
Answer Applies to: California
Replied: 8/13/2012
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
Let me tell you that this is not a process a lay person wants to complete by themselves. You will need to file a visa application for your father and at the appropriate time file a Form I-212 Permission to Reapply and in some cases a waiver of condition of inadmissibility where applicable. So, secure the services of competent counsel.
Answer Applies to: California
Replied: 8/13/2012
Law Offices of Alan R. Diamante, APLC
Law Offices of Alan R. Diamante, APLC | Alan R. Diamante
If someone petitions him, he can apply for a waiver of the deportation. More information is needed to determine if he needs any other waivers.
Answer Applies to: California
Replied: 8/13/2012
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    The answer will depend upon exactly why he was deported. We would need to ensure he is not subject to any bars or requires any waivers. However, the first step, after verifying eligibility, would be to have an immigrant visa petition filed on his behalf.
    Answer Applies to: New York
    Replied: 8/13/2012
    Law Office of Rebecca White
    Law Office of Rebecca White | Rebecca White
    You will need to provide more information as to the reasons for your dad's deportation and what family he has in the US now.
    Answer Applies to: Washington
    Replied: 8/13/2012
    Law Office of Bijal Jani | Bijal Jani
    He needs to file an application for either a nonimmigrant visa or have an immediate relative or employer sponsor him for an immigrant visa.
    Answer Applies to: New York
    Replied: 8/13/2012
    Law Offices of Patricia M. Corrales
    Law Offices of Patricia M. Corrales | Patricia M. Corrales
    This is a very complicated process but it is possible to reapply for admission into the United States after an executed order of deportation.

    Your father will have to seek a waiver...basically, in simple form, a request for forgiveness by the U.S. government.

    The ability to obtain a waiver is also dependent on the nature of the reason behind your father's deportation. Because these are very important questions that require an experienced attorney's guidance, I would strongly urge you and your father to seek legal assistance.

    I was a former ICE attorney for 17 years and I could assist your father in this process. Feel free to contact my law offices to set up a consultation.
    Answer Applies to: California
    Replied: 8/13/2012
    Hernan Law Firm | Jamie B. Hernan
    Your dad's chances for returning to the United States will depend on many factors.

    For example, his criminal record, prior history with immigration, availability of a visa, options for waivers of the bar to returning to the United States and many other factors.

    There is no substitute for consulting directly with an attorney, particularly in a situation like this because the answer to your question depends in large part on the specific facts of your dad's case.

    I wish you the best of luck and admire you for working hard to help your dad.

    Unfortunately, the immigration laws of the United States have failed to recognize the vital importance of family unity. Hopefully, we will see some changes to the law in the future. In the meantime, consult directly with an attorney for specific guidance in your father's case.
    Answer Applies to: Georgia
    Replied: 8/13/2012
    Universal Law Group, Inc. | Francis John Cowhig
    Depending on the crime for which your father was convicted and served 5 years for, it may not be possible for him to return to the U.S. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your father's conviction and deportation. He/she would then be in a better position to analyze you case and advise you of your options.
    Answer Applies to: California
    Replied: 8/13/2012
    Kanu & Associates, P. C. | Solomon O. Kanu
    It depends on why he was deported. File papers for him and have him processed through the consulate.
    Answer Applies to: Arizona
    Replied: 8/13/2012
    Abigail Law Firm, PLLC | Meghan Abigail
    I recommend meeting with an attorney to thoroughly review his history and make sure he really just had the 5-year ban. He might also be found ineligible or need a waiver for other reasons, which an attorney can help determine before you start spending time and money on the case. If he is eligible, then the first step would be for a relative to petition for him using the Form I-130. If he has a spouse with legal status, that will generally be the best person to apply for him since a spouse can be a qualifying relative for a waiver, whereas a child generally cannot be a qualifying relative for a waiver. Good luck!
    Answer Applies to: Texas
    Replied: 8/13/2012
    Law Office of Grady G Gauthier | Grady G Gauthier
    You will need to start the immigrant visa sponsorship process and apply for any necessary waivers in the US and/or abroad. Given your father's prior deportation this can be quite complex. I highly recommend you consult with an immigration attorney such as me or another of your choice to seek further information outside of this forum.
    Answer Applies to: California
    Replied: 8/13/2012
    Namita Agarwal
    Namita Agarwal | Namita Agarwal
    If he was deported, he will need multiple waivers - one 212 for the actual deportation and one 601 for the reason for in admissibility.
    Answer Applies to: Massachusetts
    Replied: 8/13/2012
    Law Office of Pho Ethan Tran PLLC
    Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
    To bring him back, one of his US citizen children who is at least 21 years of age must submit an I-130 petition on his behalf. It will take at least 1 year for the petition to be processed before his visa interview will be scheduled at the US consulate. He will probably also need to file waivers on form I-601 for unlawful presence and on form I-212 for being previously deported. This type of case is difficult and complex and it is highly recommended that you hire an attorney to help you. .
    Answer Applies to: Texas
    Replied: 8/13/2012
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