He may be eligible to apply for a Provisional Waiver.
Please click the link below for additional information.
Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
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600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: www.shusterman.com (English)
(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.
More information is needed. It is unclear whether he committed what is called unlawful re-entry. Although you may petition him and he may file for a provisional unlawful presence waiver, wherever, his repeated attempt after voluntary departure can cause serious complications. I strongly recommend an appointment for teleconference with the competent and experienced immigration attorney. Good luck
This is general information, not legal advice, and does not create an attorney client relationship.
Judging by the face of what you wrote you situation may fit into the frames of extreme hardship waiver. The chances can be better explored with an attorney in private.
Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova , New York Immigration Attorney http://www.shautsova.com Blog: http://www.russianspeakinglawyerny.com