Sunday, February 26, 2012

Getting Residency Back by Applying for Waiver

Can a person regain a green card after the one they had was subjected to a removal and deportation order (for a crime of moral turpitude)? The person left the US on their own but wants to return to the US where they previously worked and resided for fourteen years.

That person can seek a waiver of both the crime of moral turpitude (as long as it is otherwise not an aggravated felony) and the prior removal order. However, they must first have an avenue by which to reapply for permanent residence. This can be through a family petition or employer sponsor, but the visa petition and application for residence must be approved before you can seek to enter and apply for the waiver at the consulate.

For a more detailed analysis of the process and issues involved, contact an immigration lawyer who can assist.

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