I was Remove and ban from Entering the USA

[JoeM 4]

My name is Joe and I was a Permanent Resident 1997-2003 and I was remove and ban from the USA, I got a Felony, nothing to due with drugs or guns, unfortunately I Lost my head and spank a kid and you can imagine what happen next, I was place in jail, my lawyer told me to plead guilty and I will be given time serve and probation, also the judge said I can get my felony down to a Class B (not a Felony) once I completed an Angry management program, after I plead guilty, for my surprise the INS came and visit me and place me on Hold and the they send me to Denver Co to see INS judge, you know the History;

My question is, my wife is a USA Citizen and my son too, we live in Mexico, There is a chance to file for a I212-1?, I’m not a criminal, we all make mistakes and I was young a stupid, I have been a good human being always obey the law.

[Tero 105]

Sorry to hear that. I would assume that since your wife and son are citizens, you cannot be banned from the US, only punished. I might be wrong.

[NigeriaorBust 4,087]

Yes he can be banned. MOST offenses are allowed to apply for a wavier but a few are lifetime band no matter who applies for you. That being said, is his offense in that class ? You said you spanked a child. But that is allowed in every state. You must have done more than that. Exactly what happened ? Without knowing more details it is hard to know if you have crossed the line from waiverable to to a total lifetime ban .

[RICARDO4EVA2 194]

Sorry to hear that. I would assume that since your wife and son are citizens, you cannot be banned from the US, only punished. I might be wrong.

Yes he can be very well banned.. His wife nor son were the one who committed the act and was subjected to deportation. That's why he was removed after being punished in jail. His wife can only seek a benefit for which was given previously and it does come with terms/conditions and so we apply for naturalization.

Wife can file the waiver maybe best after the ban is served however maybe served at anytime. What were the terms of your removal..?

you may want to see assistance at > http://immigrate2us....rum/content.php they have great knowledge regarding your case type.

Edited March 12, 2011 by RICARDO4EVA2

[Little_My 464]

This might sound harsh.. but. This is a topic I feel very strongly about, partly because I work in child protection. This country's laws are absolutely ridiculous when it comes to child abuse. "Spanking" a child does not land anyone in prison in the United States - unfortunately. So, whatever you did, must of gone way beyond 'spanking' - not that spanking would not be bad enough.

In any case - maybe you can come back. Maybe your family can come back. And maybe that is ok, since I do think that people should be given second chances and also want to believe that people do change. However, you did something extremely bad. And if that would merit a lifelong ban, I think that would be justified. Drugs and guns are no worse than beating a child. I'd argue the latter is a more serious offense, but that is just me.

I hope you have learned from it, and I hope things have changed. Young and stupid or not, you just do not beat a child. Not in this country, not in Finland, not in Mexico, not anywhere. That is my opinion.

Should you be given a second chance? Maybe. I can't judge that, I don't know you or your story. Don't downplay what happened, though. You might have been 'young and stupid' and 'made a mistake' - but it's still the child who had to deal with the consequences of your actions.

[Sergi9 110]

My name is Joe and I was a Permanent Resident 1997-2003 and I was remove and ban from the USA, I got a Felony, nothing to due with drugs or guns, unfortunately I Lost my head and spank a kid and you can imagine what happen next, I was place in jail, my lawyer told me to plead guilty and I will be given time serve and probation, also the judge said I can get my felony down to a Class B (not a Felony) once I completed an Angry management program, after I plead guilty, for my surprise the INS came and visit me and place me on Hold and the they send me to Denver Co to see INS judge, you know the History;

My question is, my wife is a USA Citizen and my son too, we live in Mexico, There is a chance to file for a I212-1?, I’m not a criminal, we all make mistakes and I was young a stupid, I have been a good human being always obey the law.

The result will depend on the circumstances of the case. If the child in question was not your child then its probably a violent crime which is hard to overcome. If it is your child, then the circumstances will be explored and you will have to prove your child will in no way be put at risk if you were to return.

The classification of the crime will be the key element here, so get an attorney for this. Not a do-it-yourself situation.

[Tero 105]

Yes he can be banned. MOST offenses are allowed to apply for a wavier but a few are lifetime band no matter who applies for you. That being said, is his offense in that class ? You said you spanked a child. But that is allowed in every state. You must have done more than that. Exactly what happened ? Without knowing more details it is hard to know if you have crossed the line from waiverable to to a total lifetime ban .

Yes he can be very well banned.. His wife nor son were the one who committed the act and was subjected to deportation. That's why he was removed after being punished in jail. His wife can only seek a benefit for which was given previously and it does come with terms/conditions and so we apply for naturalization.

Wife can file the waiver maybe best after the ban is served however maybe served at anytime. What were the terms of your removal..?

you may want to see assistance at > http://immigrate2us....rum/content.php they have great knowledge regarding your case type.

I meant a lifetime ban. Could something as trivial as spanking a child result in a lifetime ban from the US? That is pretty much separating the family of the offender if his family decides to remain in the US. I can understand a punishment of a couple of years ban from the US, but a lifetime ban over spanking?

[Tero 105]

The result will depend on the circumstances of the case. If the child in question was not your child then its probably a violent crime which is hard to overcome. If it is your child, then the circumstances will be explored and you will have to prove your child will in no way be put at risk if you were to return.

The classification of the crime will be the key element here, so get an attorney for this. Not a do-it-yourself situation.

Also, severity; was the child just spanked or beaten to injury?

[RICARDO4EVA2 194]

I meant a lifetime ban. Could something as trivial as spanking a child result in a lifetime ban from the US? That is pretty much separating the family of the offender if his family decides to remain in the US. I can understand a punishment of a couple of years ban from the US, but a lifetime ban over spanking?

more than "just" a spank was caused - think on how many others would be removed..?!! thats without question - i wish the poster would give more details as to the harm cause because scolding a child is not enough.

[NigeriaorBust 4,087]

Most states allow spanking , applying an open had to the rear with force that does NOT leave any lasting signs, and a reasonable number of swats ( usually 1-2 gets the idea across ).If there were bruises or the event was excessive in length then abuse starts. If there was bruising on areas other than the rear then the charges rise. Without knowing the extent of the incident then it is hard to predict what may be possible.

[LIFE'SJOURNEY 970]

Most states allow spanking , applying an open had to the rear with force that does NOT leave any lasting signs, and a reasonable number of swats ( usually 1-2 gets the idea across ).If there were bruises or the event was excessive in length then abuse starts. If there was bruising on areas other than the rear then the charges rise. Without knowing the extent of the incident then it is hard to predict what may be possible.

If he served jail time then this was more than a spanking, there is no additional explanation needed. Based on the type of charged he was given, it lead to a felony charged. It seems as if his lawyer didn't finish the process to get his charge lessen before INS deported him.. First,he would have to solve the issue to trying to get his charge lessen from a Class B. Then he will know to what extent it will take to be able to re-enter the US with the appropriate and approved wavier. Time to talk lawyer and lawyer fees. Not a small process to accomplish.

Edited March 12, 2011 by LIFE'SJOURNEY

[LIFE'SJOURNEY 970]

If he served jail time then this was more than a spanking, there is no additional explanation needed. Based on the type of charged he was given, it lead to a felony charged. It seems as if his lawyer didn't finish the process to get his charge lessen before INS deported him.. First,he would have to solve the issue to trying to get his charge lessen from a Class B. Then he will know to what extent it will take to be able to re-enter the US with the appropriate and approved wavier. Time to talk lawyer and lawyer fees. Not a small process to accomplish.

Sorry, so sorry, if the felony charge stays then there are waivers to be filed for this also, but much more harder to over-come. Again, time to talk lawyer. Again if he wants to give the case details that's up to him, but none of us can change/remove the FELONY label.

[JoeM 4]

Hi everyone,

sorry for not responding yesterday i was out of power in my house, I only spank the kid, I did not send him to the hospital or broke a bone, I felt that my rights were violated, I did not have the chance to defend myself and lower the felony, the prosecutor use my emigration issue to ask for the whole 5 years in jail, the good thing the judge give me time serve, I’m trying to get a Emigration lawyer to help me out but having been without luck and just saw this I-212 and give me a little hope, I’m saying the true here nothing hidden, like I said I,m a good person I start a family and I can tell you have never put a hand on my kid because I learn that is not correct to spank a kid or use violence, I learn from that mistake.

Thank you all for your comments god blesses all.

[Tero 105]

Hi everyone,

sorry for not responding yesterday i was out of power in my house, I only spank the kid, I did not send him to the hospital or broke a bone, I felt that my rights were violated, I did not have the chance to defend myself and lower the felony, the prosecutor use my emigration issue to ask for the whole 5 years in jail, the good thing the judge give me time serve, I’m trying to get a Emigration lawyer to help me out but having been without luck and just saw this I-212 and give me a little hope, I’m saying the true here nothing hidden, like I said I,m a good person I start a family and I can tell you have never put a hand on my kid because I learn that is not correct to spank a kid or use violence, I learn from that mistake.

Thank you all for your comments god blesses all.

So you spanked someone else's kid and they pressed charges against you.

[JoeM 4]

This might sound harsh.. but. This is a topic I feel very strongly about, partly because I work in child protection. This country's laws are absolutely ridiculous when it comes to child abuse. "Spanking" a child does not land anyone in prison in the United States - unfortunately. So, whatever you did, must of gone way beyond 'spanking' - not that spanking would not be bad enough.

In any case - maybe you can come back. Maybe your family can come back. And maybe that is ok, since I do think that people should be given second chances and also want to believe that people do change. However, you did something extremely bad. And if that would merit a lifelong ban, I think that would be justified. Drugs and guns are no worse than beating a child. I'd argue the latter is a more serious offense, but that is just me.

I hope you have learned from it, and I hope things have changed. Young and stupid or not, you just do not beat a child. Not in this country, not in Finland, not in Mexico, not anywhere. That is my opinion.

Should you be given a second chance? Maybe. I can't judge that, I don't know you or your story. Don't downplay what happened, though. You might have been 'young and stupid' and 'made a mistake' - but it's still the child who had to deal with the consequences of your actions.

I only spank the kid and did not send him to the hospital or broke some bones, I know what i did was wrong and I learn from this, I have a familly now and can tell you i'm very happy and yes i,m really sorry for what I did, is not a single day i think about it, my step dad used to beat me up badly everysingle day sometime for no reason it all, and when you growup you carry that in side, is hidden and when it comes out is very scary you feel you have let you self down, when I was in jail I try to kill my self just thinkig I was just like my stepfather,I was scare to build a familly, but something in me said "you are not a bad person you just made a mistake, but is up to you to change and that is what I did, i'm not traying to scuse my self, but we all need to have a chance to prove you can really change like I did.