I have been deported from the US after overstaying my visa and after being convicted of an aggravated felony, a crime of violence (residential burglary) for which I served 6.5 years in prison. If I was to return to the US, how much time would I be looking at as a first time reentry?
2 Answers from Attorneys
Up to 20yrs. However, more practically 3 to 5.
If you have been deported from the United States either voluntarily or forcibly by an Immigration Judge and/or Immigration and Customs Enforcement ("ICE") and/or Customs and Border protection ("CBP"), there are many legal mechanisms and methods for you to return to the United States.
For example you can always file a Motion to Reopen or a Motion to Reconsider (even if you are outside the United States) and you can always file petitions that you may be eligible for regardless of whether you are currently outside the USA.
You may also be eligible for a I-601 Hardship Waiver and a Petition to Re-Enter the USA with Form I-212.
Furthermore you may still be able to attack criminal convictions collaterally that resulted in your deportation proceedings and clean up your criminal record.
In some cases if you file a Motion to Reopen or a collateral attack on your Criminal Conviction through a successful Motion to Vacate, you might be able to persuade a Judge to issue you a subpoena so that you can testify personally in your Immigration Proceedings or even in Criminal Court, either federal, state, or local if you can persuade the Judge that your personal testimony is absolutely essential in furtherance of justice.
For further details, information, and a free consultation to see if you qualify, please call our law office at (212) 968-8600, toll free at (866) 426-5628, or email us at [email protected]
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Thanks and best regards,