Re-entry After Deportation
 

In 1999 our son was deported from the USA back to the UK. At the time he was a green card holder and twenty years old. As far as I am aware, the reasons for deportation were criminal but not federal. Since returning he has settled down, married, bought a house and has a full time job. Now here is the question, his brother is getting married later this year and we want to know if he would be able to return to the USA for a visit. I know there are time limits for re-applying for a visa, but as I understand it, no visa is required for a UK citizen when visiting the USA. Any help would be appreciated.

Re: Re-entry After Deportation
 

This is beyond the scope of a public internet forum. Your son needs to have a consultation with an immigration attorney. He should provide the attorney with all the documentation regarding his criminal offense, the outcome, and all his deportation paperwork.

Rene

Re: Re-entry After Deportation
 

He could have been banned for a period of time or forever. If it was for a period of time and that time has elapsed, he needs a B2 visa. He should apply for the visa at least 6 months before his planned trip.

I wouldn't bother with a lawyer myself. The evidence you list should show ties to the UK and rehabilitation. Just make sure you document them for his interview.

Re: Re-entry After Deportation
 

I figured the consultation with the attorney would enlighten him as to whether he has a ban which is now over, or if it was forever. If forever, it will save him from applying for the visa.

Rene

Re: Re-entry After Deportation
 

Not quite accurate. UK citizens do require a visa to visit the US. However, an established system is in place that allows many UK citizens to quickly obtain a waiver of that requirement. Unfortunately, given your son's past, that waiver will not be available to him and so he will need to obtain a visa to visit the US.

As to whether he will be able to obtain one, I have no idea other than to follow Rene's advice to speak with an immigration attorney about his eligibility.

Best of luck :fingerscrossed:

James

Re: Re-entry After Deportation
 

Immigration attorney is going to cost a few k. If he gets it, great; if he doesn't it's not the end of the world. A bit of research on documentation and you're good to give it a go.

Re: Re-entry After Deportation
 

What did he do with the paperwork they gave him when he was removed? Find the I-294 or I-296 and see which box was checked. Even if that bar (the one that makes it a felony to attempt entry to the US) has elapsed, he would likely need a waiver of some kind in order to visit.

Re: Re-entry After Deportation
 

A consultation should only cost a couple of hundred. I don't know how much the B-2 visa application costs. But of course he's free to apply and see what happens, even without a consultation with an attorney.

Rene

Re: Re-entry After Deportation
 

If he was deported it would have been Federal.

And you do not know what the crime was?

I would be surprised if it was not a Felony. They do not deport you for double parking.

Re: Re-entry After Deportation
 

Though that's not a bad idea! Citizens too :)