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can a person who has a permanent ban be allowed in the u.s. on a tourist or work visa?
Denver, CO
Viewed 16 times.
Posted about 1 month ago in Immigration
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my brother was deported for an aggravated felony,2nd degree assault,served atwo year sentence and was deported after living in the u.s. for 45 years,this was his only felony and all of his family live in u.s.,he was a permanent legal resident ,is there anything we can do to help him return,he is a british citizen,and his crime was committed in 1995 but was not sentenced until 2002
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Answers (1)
Scott D. Pollock
This attorney is licensed in Illinois and 1 other state.
Posted about 1 month ago.
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There is a nonimmigrant visa waiver under Section 212(d)(3) of the Immigration and Nationality Act. It waives most of the grounds of inadmissibility, including aggravated felonies. He may apply for this waiver in conjunction with an application for a tourist or working visa. The waiver request needs to be recommended by the U.S. Department of State and approved by the U.S. Department of Homeland Security. They will look at his record, the nature and recency of his conviction, his eligibility for the underlying nonimmigrant visa, his reason for wanting to come to the U.S., whether his admission would cause any risk, and whether his admission is in the interests of the United States. This is something he may want to consider doing in consultation with an immigration attorney that has experience with this kind of case.
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