Immigration Corner | Will I ever be able to return to the US?

Dear Mrs Walker-Huntington,

At the age of 14 my mother filed for me and I was granted permanent residency in the United States. I lived there for roughly 20 years before I got into trouble with the law. I signed a petition to be deported because I did not want to stay in detention and fight the case.

I am also legally married to an American citizen and I have six children who were all born there. My question is, can I apply for a visitor’s visa in order to go visit my family?

CR

Dear CR,

There are a lot of questions regarding your situation and you should consider consulting with an immigration attorney to review your personal situation.

1. Was your mother a US citizen when she filed for you and when you went to America at age 14? If not, did she become a US citizen before you were 18 years old and if yes, did you live with her, your father? Was your mother married to your father? Who had legal custody of you when you arrived in America? What year did you migrate?

2. What crime did you commit that lead to your deportation?

3. Were you married to your US citizen husband during your immigration case?

4. Did you have an avenue for relief from deportation but chose not to pursue it because you did not want to remain in custody?

5. Under what section of the immigration and Nationality Act were you removed from the US?

6. How long ago were you deported, how long were you ordered to stay out of the United States.

7. Is your marriage to your US citizen husband still viable?

Since you migrated to the United States as a minor, you may be eligible for derivative US citizenship if you meet certain criteria.

Certain crimes result in a permanent bar to ever returning to the United States on either a temporary or permanent basis. Whatever lead to your deportation will also make you inadmissible to the United States. Depending on what caused your deportation, you may be eligible for a waiver if you applied to return.

If you wanted to visit the United States, you would have to convince the consular officer that you would return home once the visit was over, and in your case, that you should be granted a non-immigrant waiver. You would never be able to simply apply for a non-immigrant visa and be granted without also being granted a non-immigrant waiver. Theoretically, almost everyone is eligible to apply for a non-immigrant waiver, but it is discretionary and up to the US government if they want to exercise that discretion and allow you to visit.

On the other hand, if you wanted to return to live in the United States, you would have to be eligible to apply for an immigrant waiver before you could venture to entertain returning. This is where it is important to know what your underlying crime was and under what section of the immigration law you were removed from the United States. If your marriage is still viable, your spouse may be able to file for you to return – proving the viability of your marriage, and if eligible being granted a waiver. If your marriage is over, and any of your children is over 21 years old, that son/daughter could file for your return. However, again depending on the reason for your deportation – there may or may not be any waivers available for your son/daughter.

Dahlia A. Walker-Huntington, Esq. is a Jamaican-American attorney who practises immigration law in the United States; and family, criminal and international law in Florida. She is a mediator and special magistrate in Broward County, Florida. info@walkerhuntington.com