Q: After being permanent resident for over 20 years, then prison and removal after a car accident I want to go back. How?
I was a permanent resident for over 20 years, then had a car accident where a military man was hit on his leg. It was considered a crime, I was sentenced to prison, then removed to the country of origin. My children are US citizens. In the more than 20 years I was a law-abiding resident. It was unfortunate what happened, but the punishment was very harsh, and not necessary. What can I do to go back to my children besides apply with the forms I-212 and I-601?
A:
I am sorry to hear about your trouble and the story as you tell it is compelling. I am wondering if you were represented by counsel throughout your ordeal. There are so many questions: 1) were you apprised of the immigration consequences during your criminal trial? 2) did you not have any mitigating circumstances in your removal process? The first I would advise you is to seek the assistance of an experienced criminal/immigration attorney to find out whether you were in fact advised about the impact of your plea (if you plead guilty) on your status.
Since you were ordered deported, you will have to wait for 5 years before you can apply for permanent residence again. Perhaps at that time, your children will have be 21 years of age and could sponsor you again.
Best of luck.
Gus M. Shihab
www.ShihabImmigrationFirm.com
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