Re Entry to the USA

[Boo Rowe 9]

I am asking this question for a family member. My cousin was married to someone for 14 years now remarried but, trying to find away to assist her 2 children's father come back to the USA after being deported back to his country because, she doesn't feel the step father will truly care for them if anything would  happen to her.  The father was sent back for a felony charge. I am unsure how long he is barred for but, I do know that it has been 10 years or more now. If you have any suggestions I thank you in advance. 

[IssaCaptureFL 120]

5 minutes ago, Ziggy & Boo said:

I am asking this question for a family member. My cousin was married to someone for 14 years now remarried but, trying to find away to assist her 2 children's father come back to the USA after being deported back to his country because, she doesn't feel the step father will truly care for them if anything would  happen to her.  The father was sent back for a felony charge. I am unsure how long he is barred for but, I do know that it has been 10 years or more now. If you have any suggestions I thank you in advance. 

Waivers Following Serious Offenses

Some people have a better chance than others of receiving waivers to reenter the United States. Getting a waiver following an aggravated felony is extremely difficult. Similarly, aliens accused of terrorist activity are not likely to receive a waiver of inadmissibility.

The term "aggravated felony" is defined in I.N.A. §101(a)(43). Among other things, the term includes offenses such as murder, sexual abuse of a minor, rape, drug trafficking, and illicit trafficking in firearms or destructive devices. An alien who is removed for an aggravated felonywill be barred from reentering the United States for twenty years (even if removed only once). 

[Roel 7,193]

Talk to a lawyer  

[Boo Rowe 9]

12 minutes ago, IssaCaptureFL said:

Waivers Following Serious Offenses

Some people have a better chance than others of receiving waivers to reenter the United States. Getting a waiver following an aggravated felony is extremely difficult. Similarly, aliens accused of terrorist activity are not likely to receive a waiver of inadmissibility.

The term "aggravated felony" is defined in I.N.A. §101(a)(43). Among other things, the term includes offenses such as murder, sexual abuse of a minor, rape, drug trafficking, and illicit trafficking in firearms or destructive devices. An alien who is removed for an aggravated felonywill be barred from reentering the United States for twenty years (even if removed only once). 

 

[TNJ17 1,329]

You’re definitely gonna need a lawyer for this and if she’s  no longer married to him and married to someone else which seems like she is, only her children can petition for him when one of them reaches 21 years of age if they’re US citizens. 

Edited August 12, 2018 by TNJ17

[aleful 1,905]

hi

 

sorry, she can't do anything to bring him here. she is no longer married to him. she is married to someone else

 

depending on the felony, he might or might not be able to come. if his children are USC, when they turn 21, they can file for him

 

but it will always depend on why he was deported. as others have said, contact an attorney, but there is nothing on her side that she can do

 

she could send the children to live with their father in his country of origin, that's about it

 

 

[SusieQQQ 11,587]

Depends what the felony was as well. If it was drugs related for example he may never be able to return.

in the meantime she should make sure she has made arrangements to arrange care for the children somehow or send them back to their dad in the event something happens to her if she doesn’t trust her current husband to do it.

Edited August 12, 2018 by SusieQQQ

[Unlockable 7,315]

I agree with @aleful and others. The marriage is over. There are no visas for ex spouses or baby daddies. His options are limited to his children petitioning for him when they come of age. Even then, with his criminal history, it will not be an easy task.