Can deported father be sponsored by US citizen daughter
 

Hey guys quick question,

My father was deported back in 2015 due to illegally bringing someone across the border.
He was a gc holder from 89-2015 , don't ask why he didn't become citizen or why he came and just to bring someone illegally its to complicated to explain .

Point is he got his gc stripped away and deported. He is unsure if he got a 10 yr ban since his lawyer said the ice agent should give it to you before you board the plane, however when my dad asked him the agent said he did have a paper to give him but gave it to other people who were on the plane.

So my question is: his daughter who is a us born citizen will be turning 21 next year, will she be able to sponsor him AND does him having a ban or not affect that ?


Obviously I will be going to seek legal advice with a lawyer soon but I just wanted your guys thoughts as you guys were able to help me with a situation of mine recently

Re: Can deported father be sponsored by US citizen daughter
 

was he charged with a felony for bringing someone across the border?

Re: Can deported father be sponsored by US citizen daughter
 

There's too much information missing from your question. Alien Smuggling is considered an aggravated felony which comes with a permanent bar. Meaning your dad might never be eligible to come back to the US legally.

Re: Can deported father be sponsored by US citizen daughter
 

How was he deported, like was he placed into removal proceedings, ordered deported, and then ICE put him on a plane?

Re: Can deported father be sponsored by US citizen daughter
 

Placed into removal proceedings and while in custody signed a voluntarily deportation and ice put him on a plane

Re: Can deported father be sponsored by US citizen daughter
 

Hmmm... what about the I-601 waiver? My mom brought me, was denied a visa at the consulate, filed a I-601 and was approved. Sadly, hasn't been able to return due to the executive order otherwise she'd be back home, but might be something to look into? The difference is that she wasn't deported or charged with anything.

In a Facebook group for the I-601 waiver, I've seen others in this situation who were approved for the waiver and made it back.

Re: Can deported father be sponsored by US citizen daughter
 

Placed into removal proceedings and while in custody signed a voluntarily deportation and ice put him on a plane

Re: Can deported father be sponsored by US citizen daughter
 

Hmm, interesting. Voluntary departure doesn't carry a re-entry bar, similarly he would have no unlawful presence since an LPR remains an LPR until ordered deported. Now the main question is whether he's inadmissible for alien smuggling and to get a good answer to that question you would need a FOIA with ICE, CBP, USCIS, and EOIR.

Now there is a waiver under INA 212(d)(11), the problem is that you can only get it if you smuggled a close relative: Parent, Spouse, or Child, and no one else. If he smuggled anyone else then well, the only thing that could possibly be done is to basically challenge the initial finding and I'm not even sure what the legal process for doing that is but if I were to guess it'd probably involve a petition for review with the Circuit Court of Appeals.

Re: Can deported father be sponsored by US citizen daughter
 

Are you 100% sure it was a voluntary departure? VD is super rare nowadays and especially for a potentially aggravated felony.

Re: Can deported father be sponsored by US citizen daughter
 

I will be contacting some lawyers this week but quick update maybe someone here can give me some more info so i can have an idea if this is even worth spending money on lawyers / time fighting this.

So he was charged with a felony and given a 20 year ban . My sister (us citizen) turns 21 this year august . Is there any sort of waivers out there that we could possibly apply to for my dad to bring him back or would he just need to wait the 20 years ?