Legal Question in Immigration Law in Washington

My dad is form mexico he married my mom who is a us citizen.he got his greencard taken from him when charged with drug trafficking is he allowed back to the U.S after being in Mexico since 2004?


Asked on 4/26/11, 10:28 pm

1 Answer from Attorneys

Kripa Upadhyay Orbit Law, PLLC

Generally speaking, an Order of Deportation bars re-entry for a period of 10 years from the date the order was entered. If your father was ordered removed in 2004, he is not eligible to re-enter the United States until at least 2015.

Additionally, a conviction for drug trafficking is a serious crime, especially in the Immigration context. Your father cannot get his "Green Card" back just because he was previously a Lawful Permanent Resident ("Green Card" holder). Your mother can re-apply for him as the spouse of a US Citizen. This is likely going to be a long and difficult process and my advice would be to hire an attorney who has experience in handling Immigration matters that involve criminal convictions to see if your father can apply for a waiver in order to regain his Lawful Resident status and re-enter the U.S.

Your father obviously should not attempt to re-enter the U.S illegally as illegal re-entry after a prior order of deportation is a federal offense and he can be prosecuted and sentenced to jail time in Federal Court.

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Answered on 8/02/11, 11:34 am


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