Legal Question in Immigration Law in New York

Pardon

My mother was deported 9 years ago. She would like to come back. She is in dominican republic alone. She lived in newyork for more than 30 yrs with legal residence or green card. She is old and my sisters and i would take care of her. We are 5 born american children. She need a pardon, but i don't know how to obtain one. Can she recieve a pardon?.Please help


Asked on 5/17/05, 9:57 am

2 Answers from Attorneys

Elsa Ayoub GLEASON & KOATZ, LLP

Re: Pardon

I would be happy to help. However, I need more information from you in order to do so.

Call me at your convenience at 212-986-1544 to further discuss this matter.

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Answered on 5/17/05, 10:02 am
William Frenkel Frenkel Sukhman LLP

Re: Pardon

As a general matter, a person who was previously removed is inadmissible for a minimum of five years (ten if departure was after a deportation hearing or while an order was outstanding and twenty after a second deportation). For those convicted of an aggravated felony, there is a permanent bar on admission to the U.S.

In some circumstances, the above periods of inadmissibility may be waived. The process is entirely discretionary and depends on such factors as basis for deportation, length of time elapsed since deportation, length of residence in the U.S., the applicant's moral character, respect for law, evidence of rehabilitation (if applicable), hardship to the applicant and others, etc. Not knowing anything about your mother's case, I cannot comment on her chances of getting a waiver successfully but it is a difficult task even in the best circumstances. Accordingly you should consider retaining an immigration attorney to maximize your mother's chance of success.

The above reply is in the nature of general information, is not legal advice and should not be relied on as such.

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Answered on 5/17/05, 4:43 pm


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