I never had a crminal record until 2002 when I was charged with domestic violence. I was sentence for 2 years and removed from the U.S. When I hired my attorney he assured me that it was unlikely that I would be deported, so much for that advice. I was 32 then.
I started Elementary School in California and eventually went to college. I have always felt like an American and still do. I´ved always paid my Icome Taxes every year and was very involved in my childrens lives. I made a mistake which cost me my freedom . I feel that the punishment did not fit the crime (deportation). I had never been in any trouble prior to that day.
I have 3 children in the states ranging from 10 years old to my oldest daughter whom is 18. I am currently residing in Tijuana, Mex.
If your daughter is a USC, then she can petition for you when she turns 21. Whether you will be admitted to the U.S. as a lawful permanent resident on the basis of that petition will depend on a host of factors, including your criminal history, immigration history, instances of fraud, and medical and financial issues. Without knowing more, I would guess that you might need one or more waivers (assuming you hadn't triggered any unwaivable bars to admission).
Gather up your criminal and immigration documents, copy them, then send a set to your daughter and have her arrange a consultation with a reputable immigration attorney in your area, with you joining by telephone or skype. The attorney will be able to analyze your case and determine various possible options for returning, or give you the bad news that you don't have a means of returning.
Good luck, and sorry that your family is dealing with this tough separation.
There is a short answer and a longer answer to your question.
First of all, your daughter is too young to be able to file a petition on your behalf to return to the United States. She will have to wait until she is 21 to do so.
The longer answer is that when she is old enough to file an I-130 for you, you need to consult with an immigration lawyer so that he or she can see how your record of conviction and your removal from the United States affect your admissibility to the United States. The overlap between criminal law and immigration law is very complex and the only advice that I think you need to have at the moment is that when your daughter is 21 you and your family should find an immigration lawyer you like and trust to guide you through any waivers or legal arguments you may have to make above-and-beyond establishing your family relationship as part of the immigrant visa process.
I will agree with both attorneys above. DV are very tough to overcome to get a GC. Get a good attorney to help.
Shah Peerally, Attorney at Law President of Shah Peerally Law Group PC Newark CA Important: The above is provided for educational purposes only. You should not act or refrain to act solely based on the information provided. Cases differ and success in one case might not constitute guaranty of success in your case. We recommed to talk to a licensed attorney before you proceed. For more information on call us on 510 742 5887