Legal Question in Immigration Law in California

Re: Returning to US following 5 year probation after deportation

I answered a previous question that appears to be from your daughter. The situation appears to be almost identical so I think the same family is asking these quesions. First of all, you could not have been a U.S. citizen at the age of 4, as you stated, and be deported back to Mexico, unless you renounced your citizenship or became a traitor of some kind. A U.S. citizen can only be convicted of a crime and spend time in jail, not be deported. I believe that the most that you received when you were 4 (through your parents, of course) was a green card, and not U.S. citizenship. A green card can be taken away if one is deported because of serious crimes.

Anyway, in my reply to your daughter's question, I stated that your "wife" can petition for a fiancee visa for you (I put "wife" in quotations because your daughter's question states that you were never married to her mom). However, your daughter didn't say that your "wife" lives with you in Mexico. In that case, you guys should get married in Mexico and then she can file a spousal petition for you. This assumes that she is a U.S. citizen and not just a permanent resident. You will then be processed in Juarez for final visa processing. Like I said in the previous reply, your conviction has to be examined carefully to make sure it's not anything worse.

Liem Doan, Esq.