Re-entry

[tweety_pinay]

hi!my dad was deported last week. he was given a governor's pardon but we didn't have the paper work from the governor's office. But the INS office they didn't have any evidence that there's a pardon so they deport my dad last week. what should we do? Should he wait for 1-5 years before he can re-entry to US???

[Alex Berd, Esq.]

If someone is given a pardon by a govenor he is not convicted of a crime. An "unconditional Executive Pardon" waives all grounds of inadmissibilty and removability, with the exception of a drug case (and of course a terrorist case).

You should be familiar with the INA sections as well as with the memo of Walter Dellinger. This is a very rare situation (removed , yet granted a pardon).

Your father will have to have a very good legal memo which should be submitted together with his visa application. He should not wait for 5 years. He has to fight any inadmissibility claims.

Best regards and Good Luck with the visa application!