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I was deported in 6/2008 and was given a 10 year removal I complet 5 years this year , Is their a law that will help me

Houston, TX |

I have 3 kids that are us citizen lived in the states for almost 30 years had my residents card and was taken away and the most I did in jail was 3 months for misdominors no felonies I did time in the county jail in 4/1998 to 7/1998 , I am living in a country that I never livied in but I been straight been working bought a house but is not the same I realy miss my kids and all my brothers and sister and my mom who are residing in the US I realy need some leagle advise , would like to have the opportunite to return to the US the right way , What can I do

The number I left is my mother number she speaks spanish and wants to consult with lawyers to see what can be done I have no aggrivated felonys

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Attorney answers 4

Posted

Possibly but you need to send all of your paperwork to an attorney and at least have a phone/SKYPE discussion. There is no way to answer your question on a forum such as this. My firm handles these cases.
Regards,
Nicklaus Misiti
Law Offices of Nicklaus Misiti
212 537 4407

Legal disclaimer: The statement above is general in nature, 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.

Posted

You would need a waiver to return to the U.S. If you have a aggravated felony, you must wait 20 years.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

Posted

Not enough information to answer your question. You complete immigration and criminal history have to be reviewed to properly advice you. 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.

Posted

Your only hope at this time would be to apply for a waiver. Based on the information provided, I would not want to speculate on whether or not you might qualify for a waive. These are designed to be difficult to obtain and to be very case specific. Just saying 'I miss my family is not enough', because everybody misses their family. If everyone who wanted to be with their family received a waiver, there would be no point in deporting people who had families. The waiver provision was not designed to void the deportation provisions. On the other hand, there are certain individuals whose deportation is such a hardship that it is appropriate to make an exception for them. You might be in this category. You seriously need to contact an experienced immigration attorney. BTW: the fact that the crimes you were convicted of were misdemeanors under the law of your state, does not mean that they are misdemeanors under federal law. The federal government defines a misdemeanor as a crime punishable by less than 1 year in prison. Here in Massachusetts, we define a misdemeanor as a crime punishable by up to 2 1/2 years in prison, so almost all of our misdemeanors carry penalties of up to 2 1/2 year. As such, the Immigration Service and the Immigration Court considers them all to be felonies.