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  1. #1
    Join Date
    Aug 2005
    Location
    US
    Posts
    2

    Default Deported - How Long Is Exclusion?

    I have read everyone's questions and answers. But if a person that just went through the court procedings and the judge ruled deportation and they have prior convictions but no felonies. However, the person wanted to appeal the case but they were told they might be in jail for 4 months to a year. So they are choosing to voluntary deportation. However, I have read everyone's questions on here and everybody is saying that the person can see if they can come back in 10 years but their lawyer is telling them that they can come back in 5 yrs. So is the 5 yrs. not true? Also, if they do choose to appeal do they have to stay here in the US to appeal the case? And even if the person gets married within these years, it doesnt matter?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Deportation & Exclusion

    Do you know the provision which would apply to your exclusion?
    Quote Quoting Section 221(g) of the Immigration and Nationality Act
    (9) 12/ ALIENS PREVISOUSLY 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.


    (B) 13/ ALIENS UNLAWFULLY PRESENT. -

    (i) In general. - Any alien (other than an alien lawfully admitted for permanent residence) who-

    (I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 244(e)) prior to the commencement of proceedings under section 235(b)(1) or section 240, and again seeks admission within 3 years of the date of such alien's departure or removal, or

    (II) has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien's departure or removal from the United States,is inadmissible.

    (ii) Construction of unlawful presence. - For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.

    (iii) Exceptions. -

    (I) Minors. - No period of time in which an alien is under 18 years of age shall be taken into account in determining the period of unlawful presence in the United States under clause (I).

    (II) Asylees. - No period of time in which an alien has a bona fide application for asylum pending under section 208 shall be taken into account in determining the period of unlawful presence in the United States under clause (i) unless the alien during such period was employed without authorization in the United States.

    (III) Family unity. - No period of time in which the alien is a beneficiary of family unity protection pursuant to section 301 of the Immigration Act of 1990 14/ shall be taken into account in determining the period of unlawful presence in the United States under clause (I).

    (IV) Battered women and children. - Clause (i) shall not apply to an alien who would be described in paragraph (6)(A)(ii) if "violation of the terms of the alien's nonimmigrant visa" were substituted for "unlawful entry into the United States" in subclause (III) of that paragraph.
    I suggest that you discuss your appellate options with your lawyer.

  3. #3
    Join Date
    Aug 2005
    Location
    US
    Posts
    2

    Default

    Im sorry if im not to knowlegeable of the law definitions....but im not sure of ALIENS PREVISOUSLY Removed or ALIENS UNLAWFULLY PRESENT. Im not sure exactly what that means. Right now they are presently incarcerated and they are a permanent residence of the US they are just waiting to be deported.

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