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Can my daughters father get a visa to re-enter the u.s after deportation from drug conviction in 1999 14 yrs ago, wht can we do?

Dallas, TX |

my daughters father was convicted of a drug felony charge contsubs act-mfg/del 30 grams in 1995, he served 5 yrs in a state prison then he was deported back to his country (nigeria) in 1999 that was 14yrs ago, since then since then he has been rehabilitated, he is a minister now, and he is trying to get permission to re-enter the united states again to see his daughter, who is now 23 yrs old he has not seen her in 11yrs, what do you think his chances are,,,,if there are any chnaces, he said he did not have a permanent bar, his bar was was supposed to only be for 10yrs, but every time he applies he keeps getting denied,,,,I heard that once you have any type of drug charges on your record its an automatic permanent bar is tha t true?

Attorney Answers 4


This is true. He can, however, apply for a temporary visa but he will need to obtain a nonimmigrant waiver.

Please click the link at the very bottom for additional information.

Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Telephonic, Skype or In-Person
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: (English) (Spanish)

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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I agree with Mr. Shusterman ... at best he can get a temporary visa.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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I agree with my colleagues.

Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.

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4 lawyers agree


His offense is a serious one, especially because it involves drugs. As stated by my colleagues, he may be eligible for a nonimmigrant visa, when combined with a nonimmigrant waiver application. Contact our office for a free consultation.

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