Re-entry to the U.S. after removal (Deportation)
A knowledgeable deportation lawyer can help you get back to the United States after a deportation.
Brian D. Lerner, deportation lawyer states that there are several ways to do this and that there are different petitions that must be prepared and filed in order to come back to the United States.
The deportation lawyer states that first it is necessary to look at why you were deported.
If because of a crime, it is necessary to look and see if the crime qualifies as an aggravated felony.
If so, then the deportation lawyer explains that you must do what is know as criminal relief.
This is when the deportation lawyer will go back to the criminal court where the conviction was entered and try to vacate and or reduce the crime so that you will no longer be considered to be an aggravated felon.
There are many ways, explains Brian D. Lerner, deportation lawyer, that will allow an attorney to either argue the crime is not an aggravated felony or to argue to the criminal court that it should be reduced and/or vacated.
However, the deportation lawyer explains that if you are not an aggravated felon, then it is necessary to next look and see if you illegally entered the United States after the deportation order, or if you illegally entered the United States more than once.
If so, then you may be subject to the permanent bar explains the Law Offices of Brian D. Lerner, APC.
If subject to the permanent bar, then there are ways of at least applying for a Waiver to remove that permanent bar after 10 years.
The deportation lawyer goes on to state that if you are not an aggravated felon and have not had multiple illegal reentries after the deportation, then it is possible to start and prepare what is known as the Permission to Reapply for Admission after a deportation order.
Brian Lerner, deportation lawyer explains that many other lawyers who call themselves deportation lawyers have never done a Permission to Reenter and do not know what it is and how to prepare it and what is involved.
In actuality, the deportation lawyer states that the purpose of the Permission to Reenter or Reapply for Admission is to basically erase the deportation bar you received when you were deported.
For example, the deportation lawyer says that if you were deported with a 5 year bar, 10 year bar or even a 20 year bar, that you can submit the Permission to Reenter and if it is approved, then you will not have to wait all those years to come back to the U.S. Brian D. Lerner, deportation lawyer makes clear that this is a very important petition, but it is not the only one needed.
It has an incredibly important role, states the deportation lawyer, but that role is to erase the deportation bar.
Once that is done, you will have to be petitioned and most likely also do a Waiver of Inadmissibility.
As to the Permission to Reenter, explains the deportation lawyer, you must show all kinds of hardship, equities, reports, evidence and other matters why you should be allowed back into the U.S., and why the deportation bar should be lifted.
Normally, Brian D. Lerner, deportation lawyer, will help to prepare a detailed declaration from the applicant and family members to aid in this effort (based upon interviews with the family.)
Also, Brian Lerner will submit letters of support from family, friends, religious people and possible employers.
The deportation lawyer may also show rehabilitation and reasons why you will not be a danger to society.
Keep in mind says the deportation lawyer, you do not need to be inside the U.S when you apply for the Permission to Reapply and you most certainly do not need to wait the requisite number of years outside the U.S. before applying.
In fact, Brian Lerner states that legally, you can even apply right after you are deported (although you should wait some time.)
The deportation lawyer goes on to explain that unlike a Waiver of Inadmissibility, the Permission to Reenter does not need to show a ‘qualifying relative’ to be able to get the approval.
In essence, Brian D. Lerner, deportation lawyer, states that the Permission to Re Enter is like a scale.
You have the good stuff on one side and the bad stuff on the other side. Brian Lerner, deportation lawyer, will try to minimize the bad stuff and maximize the good stuff.
This actually takes years of experience to be able to successfully do this to the point where it is convincing, persuasive and able to get approved.
The Permission to Reapply, explains the deportation lawyer is not just filling out a form.
Brian Lerner explains that many people come to his office and say they filled out the form and yet it was still denied and they don’t understand.
After Brian Lerner, deportation lawyer looks at the form (with nothing else and no other attachments), it is clear why it was denied.
The form (which the deportation lawyer likens to the cover of a book) merely states that the spouse is having hardship and misses the person.
You must realize, explains the deportation lawyer, that granting the Permission to Reapply is discretionary.
This means that it is not the duty of the immigration official, says Brian D. Lerner, deportation lawyer to say ‘yes’ or to grant the petition.
Rather, the immigration official must be convinced.
It is not easy, explains the deportation lawyer to get the petition granted.
However, since Brian Lerner has years of experience (two decades) of doing this, the deportation lawyer knows what Immigration is looking for and knows how to put the Permission to Reapply together and how to make it most persuasive.
Brian D. Lerner states when you have been deported, be sure to contact an experienced deportation lawyer to help you get back.