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  1. #1

    Default Aggravated Felon Deported - Can I Ever Return

    So back in 2010 I was convicted of an aggravated felony. I completed my prison sentence and I am now on probation (not parole, probation). I am Canadian. I moved to the USA when I was 5 and moved back to Canada when I was 16. My parents and my siblings and I were all permanent residents with a green card. It was withdrawn once we moved back to our home country, however my dad kept his since he still works in the states..

    So in 2010 after my prison sentence was complete, I was deported back to Canada. I grew up in the United States, and my sister still lives there with her baby and husband, all my friends live there, etc. I have been told by my public defender that I can apply after 7 years to get my felony expunged if I've done everything according to probation (which I have). It is a condition of my probation that I do not return to the United States, so I would need to wait once my probation is done to even attempt to return. I want to know, is it possible that I could return? My parents moved back to the United States and have their green cards reinstated. My father was living in the states with a green card while I was incarcerated, before then, and after then. I don't know if that has any standing on my situation so I wanted to mention it just in case.

    Basically I was wondering is there ANY way at aoo for me to return to the country where I grew up? I am an ordained minister in the united states and my friends want me to marry them....I also have a fiance there and we want to get married and have children together. Once we get married in Canada and we have a child, will it in any way change my chances to go back to the USA? I was also wondering if I could appeal for a withheld judgement since I've never had one and I've been excellent during my probation, even during my incarceration?

    I called a hotline and they told me that it wouldn't be worth it, that I would need to pay around $2,000 just to send in the paperwork and that aggravated felonies are not always pardoned. Even if it's in 10, 20 years, could I ask to be allowed back in the states when I have no criminal record anywhere else and I've been excellent? Is there any way at ALL? Thank you in advance!

  2. #2
    Join Date
    Jan 2006
    Posts
    27,916

    Default Re: Aggravated Felon Deported; Can I Ever Return

    whether you could receive a pardon or your record expunged will vary based on the state involved. It may help if you provided the state involved.

  3. #3
    Join Date
    Jan 2010
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    1,989

    Default Re: Aggravated Felon Deported; Can I Ever Return

    If your "aggravated felony" has anything to do with a victim, you could kiss an expungement goodbye. And that's in all states that allow expungment.
    I'm not a lawyer, but I did stay at a Holiday Inn Express last night.......

  4. #4
    Join Date
    Sep 2005
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    Default Re: Aggravated Felon Deported - Can I Ever Return

    Unless a conviction is set aside for reasons of actual innocence, the USCIS will continue to treat it as a conviction. Also, it's difficult to imagine your getting an expungement (even if we assume a court might consider your petition) without your appearing for a court hearing.

    Whether or not you could qualify for a waiver depends upon the full facts of your case, so it's something to discuss with an immigration lawyer. You've not given any information that would suggest eligibility for a waiver, let alone so soon after your deportation.

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