Results 1 to 10 of 10
  1. #1
    Join Date
    Aug 2009
    Posts
    1

    Default Aggravated Felon Deported - Can He Return

    question,

    My fiance was deported after serving his complete sentenced time (5yrs) for an aggravated felony conviction. His mother and father came over here when he was very young. His mother became a US citizen when he was 15 yrs old. His father stayed a permanent resident. However, his father died in 97'. When the prison sent him to INS, they said that because both his parents werent citizens,(his father before he died being only a lpr) that he wasnt automatically a citizen. They said that they were revoking his status. He didnt even know he wasnt a citizen and only a LPR before this. They have now deported him to Dominican Republic. He has two children who were both born in the us and still reside here in the USA. His entire family is here as well. My questions are this:

    1. Is it true that he isnt a citizen because his father didnt complete it before he died even though his mother was since he was under 18 when it happened?

    2. Can they keep him from coming back when his children and entire family live over here? He has no immediate family in DR nor does he speak spanish very well.

    3. What do we need to do to re-apply for his admission?

    4. Is there anything we can do to appeal this deportation?

    5. And when we get married, will him being married to a USC make any difference/or make it easier to re-apply?

    Thank you VERY much

  2. #2
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Aggravated Felon Deported - Can He Return

    The short answer: Find a new fiance.

  3. #3
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Aggravated Felon Deported - Can He Return

    Is there anything we can do to appeal this deportation?
    I'm sorry, but no.

    Aggravated felons are, by law, banned from re-entering the US for life.

    You can certainly get married, but you'll have to move to where he lives if you plan to live together. He can't ever come back here.

  4. #4
    Join Date
    Aug 2009
    Posts
    6

    Default Re: Aggravated Felon Deported - Can He Return

    Quote Quoting LawResearcherMissy
    View Post
    I'm sorry, but no.

    Aggravated felons are, by law, banned from re-entering the US for life.

    You can certainly get married, but you'll have to move to where he lives if you plan to live together. He can't ever come back here.
    actually yes if one of his parents was a US citizen and he was under age he automatically is a USA citizen and he could fight to go back, Aggravated felons are banned for life only if your a resident or just have a visa but like i said if your parents or parent was a US citizen it dosent matter what felony you have because your automatically a citizen so the answer is yes people just dont want other people to know good luck

  5. #5
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Aggravated Felon Deported - Can He Return

    Quote Quoting chuz
    View Post
    actually yes if one of his parents was a US citizen and he was under age he automatically is a USA citizen and he could fight to go back, Aggravated felons are banned for life only if your a resident or just have a visa but like i said if your parents or parent was a US citizen it dosent matter what felony you have because your automatically a citizen so the answer is yes people just dont want other people to know good luck
    Um, no.

    Remember that he has already gone through this process and been denied.

    It is probably a good idea to consult a good immigration attorney, but I wouldn't hope for much.

  6. #6
    Join Date
    Aug 2009
    Posts
    7

    Default Re: Aggravated Felon Deported - Can He Return

    as I know from the processes if his parents are married and just one bacame usc and the other one did not then ins does not consider that....I know this is a hard process. Stay strong for your babies I heard that if you get married then it's a POSSIBILITY but again with immigration there are no gurantees

  7. #7
    Join Date
    Aug 2009
    Posts
    6

    Default Re: Aggravated Felon Deported - Can He Return

    get a imigration lawyer you can win this but it will take time and money even if the process was denied you can appeal because the law is the law and i can give you examples good luck

  8. #8
    Join Date
    May 2009
    Location
    Florida
    Posts
    2

    Default Re: Aggravated Felon Deported - Can He Return

    I just went through this with my husband last year we have been married for 18yrs and have children that are 17.and from what i have learned is your boyfriend would have to have been born here in the usa. Or it does not count. His father was us citizen, mother was not. And he was not born on us soil. Good luck to you and your family. As for us it has been a year since he has been gone and everyday the pain is worse, our faith in God that we will be together again as a family is the only thing that keeps me going.

  9. #9
    Join Date
    Dec 2009
    Posts
    11

    Default Re: Aggravated Felon Deported - Can He Return

    Yeah, aggravated felons like myself are barred for life from ever coming back. But all is not lost. if you do not want to go & live with him in D.R. you can get him to move to Canada which is almost like living in the U.S, but better. Even with a criminal record it can still work out. He would have to apply for rehabilitation to the Canadian immigration after a five year period has passed since the end of his sentence or any commitments like parole or probation. He would have to show that he has not committed any new offenses since then & what he has been doing to better himself. Remember, what happens in the U.S has nothing to do with Canada after that. He can have a fresh start there & it would be much easier for relatives in the U.S to visit him.

  10. #10
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Aggravated Felon Deported - Can He Return

    Quote Quoting jbantilan
    View Post
    I just went through this with my husband last year we have been married for 18yrs and have children that are 17.and from what i have learned is your boyfriend would have to have been born here in the usa. Or it does not count. His father was us citizen, mother was not. And he was not born on us soil. Good luck to you and your family. As for us it has been a year since he has been gone and everyday the pain is worse, our faith in God that we will be together again as a family is the only thing that keeps me going.
    If you really want to be together, why don't you go to where your husband is?

    1. Sponsored Links
       

Similar Threads

  1. Removal (Deportation) and Reentry: Reentry For an Aggravated Felon After Deportation
    By Rdeported in forum Immigration Issues
    Replies: 1
    Last Post: 04-30-2010, 06:25 PM
  2. Removal (Deportation) and Reentry: Aggravated Felon Deported 5 Years Ago Wants to Return to California
    By aem2003 in forum Immigration Issues
    Replies: 2
    Last Post: 08-12-2009, 02:32 PM
  3. Removal (Deportation) and Reentry: Can I Marry a Deported Aggravated Felon
    By keegbjw in forum Immigration Issues
    Replies: 2
    Last Post: 04-10-2009, 08:19 PM
  4. Removal (Deportation) and Reentry: Is An Aggravated Felon Barred for Life
    By mar021106 in forum Immigration Issues
    Replies: 4
    Last Post: 07-01-2008, 09:27 PM
  5. Removal (Deportation) and Reentry: Deported As An Aggravated Felon
    By saoco in forum Immigration Issues
    Replies: 1
    Last Post: 04-06-2007, 08:16 AM
 
 
Sponsored Links

Legal Help, Information and Resources