Q: can i sponsor my dad for a green card if he’s getting deported back after a misdemeanor?
he was in prison for 4 years 25 years ago & he was deported then came back & he was just arrested for a misdemeanor caused by my uncle & my father was protecting his children & now he’s getting deported back
A: If he was previously deported and returned illegally then most likely ICE is reinstating the prior removal order and your father would not have the right to see an immigration judge. He would also be subject to what is termed the permanent bar. This bar states that anyone who has been deported and reenters or attempts to reenter the United States without being admitted is inadmissible. A waiver is available but only after the individual has spent 10 years in their home country and then they need to apply for re-admission. Additionally, depending on exactly what convictions your father has suffered, these may also make him ineligible for a visa.
A: Based on the time your father served in prison that was a felony. Thus, by operation of law, the father is deemed removable as a convicted felon. You need to schedule a professional consultation with a licensed immigration attorney of your choosing to determine.
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