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Entry After 10 Year Ban for a Felony

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  • 05-18-2016, 09:08 AM
    alejandroGomez888
    Entry After 10 Year Ban for a Felony
    Good day,

    I was been deported in 2001 for a Class D felony.. {Attempted Rob} and Banned for 10 years.. its been 15 years since and I would Like to know my possibilities for re-entry to the US {New York}. Not sure how to proceed, Im just looking for a Visitors Visa to visit my parents every now and then. Can i Simply fill out the regular paperwork for a visitors visa? or would I have to file a Pardon?
  • 05-18-2016, 10:09 AM
    flyingron
    Re: Entry After 10 Year Ban
    While you are eligible to apply for a visa, you aren't guaranteed to get one. You can apply and see what the reason given for the denial to see what the next action should be.
  • 05-18-2016, 10:24 AM
    Mr. Knowitall
    Re: Entry After 10 Year Ban for an Aggravated Felony
    Given the nature of your criminal conviction, you will almost certainly need to obtain consent to reapply for admission under Section 212 of the INA -- that is, you'll need to file for and obtain a waiver of the grounds of inadmissibility (Form I-212, Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal). Otherwise, removal for an aggravated felony (as likely occurred in your case) results in a lifetime bar from reentry, even if the order of removal itself only resulted in a ten year bar.
  • 05-18-2016, 01:55 PM
    OKisNotOK
    Re: Entry After 10 Year Ban for an Aggravated Felony
    First action: speak with a good immigration attorney
  • 05-18-2016, 02:18 PM
    alejandroGomez888
    Re: Entry After 10 Year Ban for an Aggravated Felony
    Thank for the Advice! Much appreciated. I'm really not sure if a Class D felony 'Attempted Robb" would be considered an aggravated under Immigration law. I know my chances are slim whenever it falls under an aggravated felony. Thanks again. I will consult with attorney
  • 05-18-2016, 02:29 PM
    Mr. Knowitall
    Re: Entry After 10 Year Ban for an Aggravated Felony
    If you identify the state in which you were charged and provide the details of your sentence, we can evaluate whether or not you were convicted of an aggravated felony -- but robbery is a crime of dishonesty, a crime of violence, and a crime that normally carries a significant potential term of incarceration, so absent some information to the contrary it's reasonable to work from the assumption that your conviction is going to be classified as an aggravated felony.
  • 05-25-2016, 02:53 PM
    alejandroGomez888
    Re: Entry After 10 Year Ban for an Aggravated Felony
    Mr. Knowitall, this occurred in New York in 2001. pleaded guilty and sentenced to 20 months. The felony was classified as a 2nd degree Attempted Rob, Class D felony.All belongings were returned to their rightful owners. I have an Immigration document that states that I was deported under act 212 and giving a 10 year Bar. Both Parents are citizens residing in New York and my sister as has graduated the academy and is now an NYPD Officer *not sure if that can be of any help when filing any paper work on trying to reenter* Just interested in a tourist Visa so I can visit, I have a steady Job working with Google in my Home country and have stayed out of trouble ever since.
  • 05-25-2016, 03:43 PM
    bloodbath
    Re: Entry After 10 Year Ban for an Aggravated Felony
    The issue is that attempted robbery could fall under the definition of a crime involving moral turpitude, which carries in and of itself a lifetime re-entry bar without a waiver. So, even were it not an aggravated felony, it's still probably a CIMT and you would have to request a waiver of inadmissibility in addition to requesting permission to apply to re-enter the US.

    You should probably consult an attorney.
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