Hi all, My friend just found out through his lawyer that he had an order of deportation since 2005. Now he was just called to court for a traffic summons. So, what is the best option for him right now? Should he go back to his home country and marry his long time US Citzen girlfriend? If so, how many years of penalty he is facing? how does this process works. He has an order of deportation because he was caught by border patrols while trying to enter US, he was fp and order to appear in court, he never did (so order of deportation was out since 2005). This forum was very helpfull to me on my GC process so I really hope someone can shed some light over here.... Thanks.
Order of deportation since 2005, can he go back to his home country and marry a US citzen?
- Thread starter R2010
- Start date
Jackolantern
Registered Users (C)
Of course he can leave the US and get married. He just can't come back, and he can't stay in the US either.
Hi, Are u trying to be funny? this should be a serious forum to help people in need. I was just asking if he is entitle to any probationary time like a 10 year bar ... no wonder you are not an attorney, with this type of answer. Thankfully, for my case, this forum was helpfull. And that is because I never got my questions aswered by people like you.
INA 212(a)
(9) 12/ ALIENS PREVIOUSLY REMOVED.-
(A) Certain aliens previously removed.-
(i) Arriving aliens.-Any alien who has been ordered removed under section 235(b)(1) or at the end of proceedings under section 240 initiated upon the alien's arrival in the United States and who again seeks admission within 5 years of the date of such removal (or within 20 years in the case of a second or subsequent removal or at any time in the case of an alien convicted of an aggravated felony) is inadmissible.
(ii) Other aliens.-Any alien not described in clause (i) who-
(I) has been ordered removed under section 240 or any other provision of law, or
(II) departed the United States while an order of removal was outstanding, and who seeks admission within 10 years of the date of such alien's departure or removal (or within 20 years of such date in the case of a second or subsequent removal or at any time in the case of an alien convicted of an aggravated felony) is inadmissible.
(iii) Exception.-Clauses (i) and (ii) shall not apply to an alien seeking admission within a period if, prior to the date of the alien's reembarkation at a place outside the United States or attempt to be admitted from foreign contiguous territory, the Attorney General has consented to the alien's reapplying for admission.
This may confuse you (it confuses immigration lawyers so why not you too?)....Anyway, after he is outside the U.S. for 10 years, he can seek permission to re-enter by filing an I-212 and it is very complicated just figuring out how to file, where to file, and with whom to file the form.
See: http://www.uscis.gov/portal/site/us...nnel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD
