Huntsville, AL asked in Immigration Law for Alabama

Q: My brother in-law came into Texas illegally in 1999 was caught within 48 hours and deported. He came in again in 2010.

He was deported again. How long does he have to wait to ask for forgiveness and then apply for an immigration visitor visa?

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1 Lawyer Answer
Kevin L Dixler
Kevin L Dixler
  • Immigration Law Lawyer
  • Chicago, IL

A: This is complicated and unfortunate. He must prove to the satisfaction of the USCIS that he has been outside the U. S. for at least ten years in order to file for advanced permission to re-apply. However, in doing so, he must also prove that his situation merits enough discretion to overcome the permanent bar upon visa issuance. Otherwise, he won't be given a chance to seek a visa.

I strongly recommend an appointment with a competent and experienced immigration attorney discuss the permanent bar, before matters get even more complicated and delayed. Illegal re-entry after a deportation/removal order is a Federal crime punishable by significant jail time. Good luck.

The above is general information, not legal advice, and does not create an attorney client relationship.

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