deported with a lifetime ban on reentry

[Ian H. 207]

Because the purpose of this forum is to offer immigration help and answer legitimate questions, not to pass judgment.

[kzielu 1,144]

Because the purpose of this forum is to offer immigration help and answer legitimate questions, not to pass judgment.

Judgement has been passed by appropriate court judge seems like - nothing for us to judge. My question is why offer help to a convicted criminal ?

Just because this is what we do on this site ? Seriously ?

[Hotter Otter 1,211]

Because the purpose of this forum is to offer immigration help and answer legitimate questions, not to pass judgment.

Welcome to the internet.

It's not exactly hard to work out that sympathy is going to be low for a man that was deported for trafficking drugs. I sympathise with his wife and kids but wanting someone like that back in the US is a bit much.

[sachin1 42]

I will not waste any more money after him.

Better you send that $ to him in india where you get $1 to 60Rs. There are way more opportunity in India now then before.

But if he not responsible person to use that Rs wisely I will just ignore him.

Tell his wife to take divorce and move forward with her life or move to India. I know these are tough but I do not see any chance him coming back.

[Boiler 43,363]

There seems so many cases of mis trials. Seems to get justice you need a big bank balance. So to assume he is say a big dealer in crack may be jumping to conclusions.

[southcoast 27]

I wouldn't be too quick to judge this "drug trafficker". That is defined by the INA and does not necessarily mean that he is a drug dealer. That aside, there are no waivers available. You could take another run at vacating the charge. He does not need an immigrant waiver for a non immigrant visa ie. a visitor's visa. I have seen many people return on these for visits. He shuld get his life squared away in a way that is demonstrable to the US Consul and he might be able to get one after a couple of years.

[Zedayn 485]

I wouldn't be too quick to judge this "drug trafficker". That is defined by the INA and does not necessarily mean that he is a drug dealer. That aside, there are no waivers available. You could take another run at vacating the charge. He does not need an immigrant waiver for a non immigrant visa ie. a visitor's visa. I have seen many people return on these for visits. He shuld get his life squared away in a way that is demonstrable to the US Consul and he might be able to get one after a couple of years.

You are right that there are no waivers for a felony criminal conviction for a controlled substance. According to the INA, he is completely inadmissible to the US...this is under an immigrant OR non-immigrant visa. The ONLY way he would be able to come back to the US is if the conviction was overturned and all charges dropped. Not sure what you mean by the latter part of your post, as the only thing to "get squared away" in his life would be to get the conviction off his record. Leading a good honest life, keeping good morals, setting a good example, etc. are nice things to do, but that won't get you a visa to come back to the US. Currently at this point there is no "he might be able to get one after a couple of years", its likely he won't ever get one for his lifetime.

[David & Diana R 1,005]

Hi everyone, my brother was deported back in Jan. 2014. He was convicted of a aggravated felony for drug trafficking. he was detained by ICE for about 10 mnts and i had tried to vacate the case, (with no success) . my question now is, is there any way i can bring him back to the states? he is married and his wife is a USC with 2 USC kids. He was LPR since 1994. He applied for his citizenship back in 1999 and 2005 but failed the exam both times. When he as detained i hired a lawyer and wasted nearly $25K but at the end he was deported. SO what are his next options. Please guys if anyone out there knows anything about this please let me know thank you

So there is justice after all? With all due respect I am sure many Americans are happy that he has been deported. To be convicted of such a serious crime there should be deportation. Might I suggest he is fortunate that he was only detained for 10 months? Had he been a US citizen he might have been imprisoned for 20+ years at the expense of the US government.(That's you and me) Perhaps his wife and family will be better off and safer with this drug dealing criminal out of the country. It's too bad but I have ZERO sympathy for drugs dealers. I have witnessed first hand how these scumbags have destroyed family after family. This deportation will undoubtedly save many families from the evils of drugs. Of course, I'm sure as with 90% of the criminals accused of drug dealing he is innocent.

Good luck to your family. And I will pray for hiswife and children that they live happy and safe lives.

[Boiler 43,363]

D3 for a non immigrant visa can waive just about anything.

[zuluweta 250]

I am curious if the brother failed to get citizenship by actually failing the exam/interview or failing the background check.

[Zedayn 485]

D3 for a non immigrant visa can waive just about anything.

I stand corrected. In the case of a non-immigrant visa a waiver can be applied for even if the inadmissibility is based on a criminal conviction based on INA 212(d).

[whysodifficult? 31]

Good riddance

[d3adc0d3 186]

Regardless of his criminal history; people have been wrongly convicted in the past, and with how "hungry" our legal system is to put drug-related criminal behind bars, I always raise an eyebrow at a quick conviction. This will require a large investment of both time and money. Your sister-in-law and her children would likely be better off moving to India where he is than to wait for a waiver. Even if you're successful I don't expect it to last less than half a decade. You would have to prove your brother's innocence, expunge or seal his record, provide documents proving that his record was expunged or sealed, then apply for the waiver and the visa for him to return to the US, which would be a CR1/IR1. All of which is a process taking several years each.

Lawyer fees would likely be another 50k, 70k if you get a really good one... and you still have your sister-in-law and her children without him.

If you're determined in pursuing this, I'd advise her and the children to move to India to be with him, while you process the criminal aspect so she's not alone, and for her to return to the US once you're ready to file for a waiver, if she even wants to.

[Ian H. 207]

That is exactly the problem, people are too quick to judge. I agree with Boiler, we don't know the particular circumstances in this case. I saw something like this in the news not too long ago. They are coming up with the tiniest excuses now a days to deport LPR's, even something as stupid as getting on the citizen line at the airport. Our justice system is not only broken, but corrupted, and it's always the minorities that pay the price.

A lot of people like to talk smack and what they don't realize is that karma is a b!tch. I may not be a religious person anymore, but "Don't judge, lest ye be judged," and "let he who is free from sin, cast the first stone" are two examples that I still firmly believe in. I first hand know that those that like to judge others always pay the price of their transgressions.

That said convicted for "drug trafficking" in and of itself might have been simply him getting caught with a certain amount marijuana or something. Many states have these ridiculous possession laws that the tiniest amounts could get you a drug trafficking charge, but I'm not going to get into that.

I also don't want anyone to get me started on these are illegal "drugs" argument and the whole "war on drugs" BS. What about legal drugs like alcohol, I'm sure everyone on here drinks, but hey since it's legal no one can judge you or deport you if you own a liquor store, OH THE IRONY!

Did you know that alcohol is responsible for more deaths and crimes than other drugs combined? Probably not. Yet if he would have owned a liquor store and sold alcohol to a minor, he would have only faced a simple misdemeanor, may be even a fine. Understanding the irony here? I hope so.

I'm not trying to justify anyone's actions, but I cannot and neither should anyone else judge a person they don't even know, and more so, the untold circumstances surrounding his case. People are too quick to judge, humiliate, denigrate, and a whole bunch of other words, and that is exactly what is wrong with this world today.

He may pay for his actions by never being able to see the US again or what have you, but I think I know who is going to pay more. I will say this again and mark my words, that karma is a b!tch and no one here is free from any guilt, everybody lies, and everybody's got a skeleton or two in their closets. On that note, rant over, and good day!

[southcoast 27]

You are right that there are no waivers for a felony criminal conviction for a controlled substance. According to the INA, he is completely inadmissible to the US...this is under an immigrant OR non-immigrant visa. The ONLY way he would be able to come back to the US is if the conviction was overturned and all charges dropped. Not sure what you mean by the latter part of your post, as the only thing to "get squared away" in his life would be to get the conviction off his record. Leading a good honest life, keeping good morals, setting a good example, etc. are nice things to do, but that won't get you a visa to come back to the US. Currently at this point there is no "he might be able to get one after a couple of years", its likely he won't ever get one for his lifetime.

The US consul has the authority to give a visitors visa without a formal waiver. It is an unreviewable act of discretion. That is why he must make himself known to the consul and establish that he is a changed man. Don't have time t look up the cite but I have seen many of them granted over the years. As to immigrant visas, you are correct, he will never get one without a vacatur of the sentence.