My family member came here illegally in 89. In 1995 an asaylum petition was denied and he agreed to self deport. He never left the country. In 1997 he was arrested with a misteminor domestic violence which he completed classes and all that was required by the judge. Following that arrest a letter came for him to leave the US once again. He never did. Since then he has kept his record immaculate. His wife and children are US Citizens. This morning he was picked up at his business and immediately deported. Is there any hope of him coming back within the year or sooner?
There us NO WAY your family member will be re-admitted to the US in a year, if ever. If one does not leave under voluntary departure as promised, s/he is disqualified from most forms of relief for 10 years.
Another consequence of failure to depart the U.S. on time is an automatic ten-year bar from being granted cancellation of removal, waiver, adjustment of status, change of status, registry, and further voluntary departure.
Also a crime involving DV is an offense that would render one deportable or inadmissible.
These, among other issues will preclude legal admission.
Do consult an experienced immigration attorney for guidance specific to your case.
Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.MyImmigrationLawyer.info 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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Intellectual Property Law Attorney
He will be barred for 10 yrs from coming into U.S.. Because he failed to leave after an order to deport or after he promised to self deport, he is not eligible to seek for waiver or adjustment of status even though he has a wife and children who are U.S. citizen. In addition, his domestic violence record will also make him inadmissible to U.S.
He needs to talk to an immigration attorney to fully evaluate his case and see whether there are other facts that can help him.
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