Jamaica Gleaner

Can my daughter come back to the US?

- Dahlia Walker-Huntington Dahlia A. Walker-Huntington, Esq, is a JamaicanAm­erican attorney who practises immigratio­n law in the United States; and family, criminal and internatio­nal law in Florida. She is a mediator and special magistrate in Broward County

Dear Mrs Walker-Huntington,

My daughter was asked to leave the United States 10 years ago. Within that 10-year period, she tried to apply for a visitor’s visa but was turned down.

I want to file for her, but I’m not sure how that will work out.

Can you please advise me? – NG

Dear NG,

There are different reasons why a person could be asked to leave the United States – or be deported. For one, they could have overstayed their non-immigrant visa and have to leave, or they could have been charged with/or be convicted of a crime.

If a person overstayed their non-immigrant visa by up to a year and are either apprehende­d and deported, or leave on their own accord, they would face a mandatory three-year bar to return to the United States. However, if they overstay by a year or more, they would face a 10-year bar. If they are an overstay and are subsequent­ly petitioned for permanent residency, once the 10-year ban has elapsed, they could return to live permanentl­y without the ban playing any role in the decision on whether or not to grant their residency. If they tried to migrate during the 10-year period, they would be found inadmissib­le unless they had a qualifying relative through which they could be granted a waiver.

During the 10-year bar, they would not be granted a non-immigrant visa without the embassy granting them a non-immigrant waiver.

If they were deported for other than being an overstay, their ability to return to the United States would depend on the reason for their deportatio­n. Although a deportatio­n document might say that a person is banned from the United States for 10 years, it does not mean that they would automatica­lly be allowed to return to the United States after the 10 years has expired. An analysis would have to be done on the reason for the deportatio­n, the relative who is filing a petition for the person to return, and whether the intending immigrant would be allowed back into the United States.

You and your daughter should consult with an immigratio­n attorney to review her file and advise on her eligibilit­y to return to the USA.

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