A person enter US legaly 16 years ago but he stayed illigaly in US and he left 12 years ago before he was deported himself. His deportation case was dismissed by judge in court because he was not here. If he wants to comback to US with a passport which does not need Visa just to visit, does he need to tell the immigration or he can just get ticket ond come in? Do they check his backround or they do not since he has another citizenship from a country with no need for visa?
If there is no deportation order, he is still inadmissible for ten years immediately following the day of self-departure. Waivers maybe available in some situations bit not all.
At a minimum, he will need to obtain a visa.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
I agree with my colleagues. This individual will need some form of visa to enter the country legally. However, if he has a previous removal order it could make his reentry difficult. Have him contact an immigration attorney to do a FOIA request of his entire immigration file before he moves forward.
Gabriela M. Lopez, Esq.
Without more information it is very difficult to say. A review of his A-File might shed some light on this.
Samuel Ouya Maina, Esq. 415.391.6612 firstname.lastname@example.org Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104