QUESTION: I have been deported several years ago and different immigration lawyers tell me that there is nothing that can be done. My kids are growing up without me and my wife can only afford to see me once every two or three months. I am in despair and I have lost hope of ever coming back to the United States. Do you have any words that might help?
Answer: Actually there are many ways in which you might be eligible to come back. I would not let what other people have said deter you from fighting your case. In fact, there are many people and lawyers who are not expert immigration attorneys who will not see the big picture and give you various options that would exist.
Clearly, none of these particular options would be easy and none of them would take only 1-2 months. However, as you have clearly stated, you are in despair and have been outside the United States for many years. The most important part is that you get a consultation from an immigration attorney who is an expert in the field and can help.
Question: I understand. However, I don’t see how you might help since I have a deportation order and different crimes.
Answer: In actuality, many crimes which are not aggravated felonies will allow various pardons or Waivers of Inadmissibility. Some crimes which are aggravated felonies will be eligible for you to pursue criminal relief to try to reduce or vacate the crimes. It is also possible depending on the crime for you to try to get a full and unconditional government pardon. In case, none of that works, there are always various non-immigrant visas with a non-immigrant waiver which can even waive aggravated felonies.
Sometimes, people qualify for derivative citizenship and are actually US Citizens, but do not even know it. There are a multitude of different paths that can be done in order for persons to fight their case. Sometimes, Motions to Reopen can be done in order to rectify a bad decision from an Immigration Judge or an Appellate Judge. Decisions sometimes are against the law as they have violated Due Process and the rights of the foreign national. Other times, laws or cases may have changed years after the decision and it makes the actual decision rendered years earlier invalid.
Question: What about immigration reform? Is there any chance of that passing?
Answer: That of course will depend. However, it is becoming clear that finally Congress sees that inaction is hurting the country, the economy and their own reputations. Just last week, they passed a bipartisan budget and the defense bill. It shows that they see that working together and doing what they were elected to do is in their best interest and the best interest of the country. Therefore, when Congress returns in 2014, hopefully, they will return with an agenda to pick up immigration reform where it left off and put a comprehensive immigration package together.
As you see, there are many options (which only a very few has been discussed here.) Get a consultation from an expert immigration attorney to help with your situation and to devise a coherent plan to get you back to the United States.
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Brian D. Lerner is an Immigration and Naturalization Attorney. He is a Certified Specialist in Immigration and Nationality Law as Certified by the State Bar of California, Board of Legal Specialization. Mr. Lerner is married to a Filipina and has been helping Filipinos immigrate to the United States for nearly 20 years. His firm represents clients in Deportation/Removal proceedings, does Waivers, Appeals, Naturalization, Adjustments, Criminal Relief, Citizenship, Consulate Processing, Work Permits, Investment Visas and all other areas of Immigration and Naturalization Law. You can go online to http://www.californiaimmigration.us/ and get a free consultation or call us at (562) 495-0554 for an in-person office consultation.
