I received a letter from the National Visa Center stating that there is a visa available for my relative. But he was removed from the US about one year ago. Will he be able to get the visa to come back to the US or will he be denied? Any idea on why I received this letter?
Well, if you filed a family petition for him and the priority date is current, that is why you received the letter from the National Visa Center. His removal will cause problems in being eligible to become a legal resident. To determine if he can qualify for waivers, you would need to consult with an experienced immigration attorney. Good luck.
714-560-0040. The answer provided is general in nature and because not all facts are known, it should not be construed as legal advice. The answer does not create an attorney/client relationship.
2 lawyers agree
He will need waivers. Whether they are available depends on the reasons for the removal. Whether they are granted depends on the facts supporting the application.
You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.
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.
You received this letter because the person's priority date (date I130 was filed) came up and his visa is available. If he is the spouse, parent, or son of a US citizen or LPR and depending on the reasons for his removal (crimes or unlawful presence) he may qualify for a waiver. The letter is time sensitive and therefore you should consult with an experienced immigration attorney to determine if you should continue with the NVC process.
The answer to your question will primarily depend on why your relative was removed from the United States. Consult with an experienced immigration attorney who can review the case and advise you how best to proceed.
While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.