Can a person comeback to US if he was here 12 years ago illigaly and he left?

Asked about 1 year ago - Sacramento, CA

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?

Attorney answers (4)

  1. Eliza Grinberg

    Contributor Level 18


    Lawyers agree

    Answered . 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.

  2. J Charles Ferrari

    Contributor Level 20


    Lawyers agree

    Answered . 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... more
  3. Gabriela Monserrat Lopez Arcos

    Contributor Level 12


    Lawyers agree

    Answered . 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.

  4. Samuel Patrick Ouya Maina

    Contributor Level 19


    Lawyers agree

    Answered . 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 Law Offices of S. Ouya Maina, PC 332 Pine Street,... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

23,831 answers this week

2,760 attorneys answering

Legal Dictionary

Don't speak legalese? We define thousands of terms in plain English.

Browse our legal dictionary