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adjustment of status after being deported

I was a green card holder and was deported due to my criminal record. Although I qualified for Cancellation of Deportation under 42a, I was deported under judges discretion in Texas. I have to children born in the US and was about to get marry. Can I qualify for a pardon and go through Adjustment of Status to return to the US in less than the 10 year band? I can all the advise available. Thank You!

gramajjh

Comments

Phil's picture

Immigrant Visas After Removal from the United States

Thanks for posting this question. This is a tough situation and I'd need some more detailed information to give you a reliable answer. However, based on the information you have provided I can give you some general input based on the issues raised by these types of cases in general.

First of all, in order to obtain an immigrant visa to return to the U.S. you will need a basis for a petition. If the person who you were planning to marry is a U.S. Citizen and you married her then she could file an immigrant visa petition for you. (Your children can't apply for you until they reach age 21.) Assuming this person is a U.S. Citizen and you married her, you have at least two other problems: 1) the 10 year bar that applies to you because you were removed from the U.S.; and 2) you will be inadmissible because of the criminal conviction.

Thus, even if you had an approved immigrant visa petition you would have to apply for and obtain 2 waivers to actually get the visa: 1) a waiver of the 10 year bar; and 2) a waiver of the criminal grounds of inadmissibility. (Obviously, if you wait 10 years to apply you would only need to apply for one waiver.) Depending on the nature of the crime for which you were convicted no waiver may be available. For example, I believe there is no waiver available for those convicted of drug trafficking crimes. There are also some limitations on the availability of waivers for lawful permanent residents who committed aggravated felonies after being admitted to the U.S. as an LPR.

You will have a very tough case and in order to give you a reliable opinion about what your chances are and what you would need to do to proceed I would need a lot more information and conduct a thorough review of your case. If you are interested in retaining me for a case review please feel free to email me directly. If you do email me please let me know that you are the person who made this post so I have some background to start from. Best of luck.

adjustment of satatus after deportation

Thank you for your response. I can provide additional information. The person that I plan to Marry is a born U.S citizen. The deportation charge was a misdemeanor.No jail time sentence and received 3yrs probation,classses, and work detail. In 95', I have a DUI that I pleaded down to reckless driving. No AAA program, but 24 months probation. early 09'- pleaded to gun/ammo possession.Received 3yrs probation and 100 hour community service.No jail time sentence. Late 09', I received a DUI and received AAA program, work detail, fine, and probation was re-instated.No jail time sentence. A immigration hold was placed,and then deported. I hope this info can help. Thank you very much!

Phil's picture

Well, it doesn't sound like

Well, it doesn't sound like any of these crimes are ones that you could not obtain a waiver for but since there are many I think you may have a tough time getting a waiver. If you are serious about pursuing this you really need to have someone look at your formal criminal record and do a complete evaluation of your case. I don't do that in this forum but if you want to pursue this some time please don't hesitate to email me.

Adjustment of Status after deportation

Thank you so much for your advice. I have all your information and I will be in touch after I come up with a plan. I just arrived in Guatemala, and I trying to sort things out. I do have one last question. Will the agents that review waivers take in consideration individual positive aspects? Work history, achivements,family,employement, and community ties as they review case by case?

Thank You,

Julio

Phil's picture

Hey Julio, they do take

Hey Julio, they do take positive aspects into consideration. Family ties are important. They also give careful consideration to the hardship your absence would play on your U.S. Citizen children and wife.

Adjustment of Status after deportation

Phil,

Take you for the information. I will be in touch once I get the opportunity to get things started.

Julio

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