Deported resident

[idalmi & luis 0]

hi VJ friends, i need everyone help and advise on this question, i have a stepbrother in the Dominican Republic that was deported 15 years ago for selling a large amount of illegal drugs,, he has a son a american born that resides here in the usa, can hes son petition him??? can he get what they call a PERDON??? hes been living in DR since he was deported and hasnt had no problems ever again with the Law.. the son is willing to petition hes dad to be able to come back to USA.. does anyone know what we need to file or hire a lawyer here and one in DR???? thank you in advance for your advice..

[canadian_wife 1,791]

How old is the son?

Regardless, large amount of drugs? I'm going to assume that you need a lawyer to proceed. Laurel Scott is excellent and she offers free chats on Wednesdays.

Good luck

[LIFE'SJOURNEY 970]

That drug charge is almost a definite NO.

[Penguin_ie 5,985]

**** moving from CR-1 spousal visa to Bringing Family of USC forum ***

I agree with the previous poster, I'd recommend a lawyer.

[JohnR! 5,495]

hi VJ friends, i need everyone help and advise on this question, i have a stepbrother in the Dominican Republic that was deported 15 years ago for selling a large amount of illegal drugs,, he has a son a american born that resides here in the usa, can hes son petition him??? can he get what they call a PERDON??? hes been living in DR since he was deported and hasnt had no problems ever again with the Law.. the son is willing to petition hes dad to be able to come back to USA.. does anyone know what we need to file or hire a lawyer here and one in DR???? thank you in advance for your advice..

The son can initiate the petition, provided he is at least 21 years old and resides full-time in the US. Chances are the drug incident will show up during his process. There is no 'pardon' per se, but there is a waiver for certain offenses. Whether a waiver applies in his case will depend on a myriad of factors.

Good luck!

[aaron2020 11,651]

Son can file I-130 petition.

USCIS might approve the petition which is a prima facie determination that there is a qualifying father and son relation which allows father to apply for an immigration visa.

Father's immigration visa will be denies because of the drug crime.

A waiver (correct term - immigration does not pardon crimes) request will be denied.

The US consider drug crimes to be so bad that no waiver is possible.

The first step will get approved, but the process will not result in a visa.

Edited July 27, 2012 by aaron2020

[NigeriaorBust 4,087]

There is no possible waiver for a person found to be selling drugs. Although a USC adult child could file a petition , the drug sales charge is a lifetime ban. Unless there is a major change in immigration law ( I would not expect it for this) Your friend will NEVER be allowed in the US under any visa.

[idalmi & luis 0]

How old is the son?

Regardless, large amount of drugs? I'm going to assume that you need a lawyer to proceed. Laurel Scott is excellent and she offers free chats on Wednesdays.

Good luck

the son is 26th years old clean record never been in trouble with the law.. okay im going to look up the lawyer and tell my stepbrother thank you

[idalmi & luis 0]

That drug charge is almost a definite NO.

thats sad news because he really wants to come back to the usa, things in DR are very hard right now,thank you for your response..

**** moving from CR-1 spousal visa to Bringing Family of USC forum ***

I agree with the previous poster, I'd recommend a lawyer.

thank you i agree i think is the best route to go with a lawyer..

[idalmi & luis 0]

The son can initiate the petition, provided he is at least 21 years old and resides full-time in the US. Chances are the drug incident will show up during his process. There is no 'pardon' per se, but there is a waiver for certain offenses. Whether a waiver applies in his case will depend on a myriad of factors.

Good luck!

yes the son is over 21 years old and resides in florida, i will let my stepbrother know about the waiver thank you so much..

Son can file I-130 petition.

USCIS might approve the petition which is a prima facie determination that there is a qualifying father and son relation which allows father to apply for an immigration visa.

Father's immigration visa will be denies because of the drug crime.

A waiver (correct term - immigration does not pardon crimes) request will be denied.

The US consider drug crimes to be so bad that no waiver is possible.

The first step will get approved, but the process will not result in a visa.

wow thank you for the information.. i guess theres no return back for him..

There is no possible waiver for a person found to be selling drugs. Although a USC adult child could file a petition , the drug sales charge is a lifetime ban. Unless there is a major change in immigration law ( I would not expect it for this) Your friend will NEVER be allowed in the US under any visa.

thank you after reading all the replies i have realized that theres no chance for him to come back and get a waiver..