Quick Question? :)

[LilBribnj]

Hi my brother in law got deported for the first time last year (He got in some trouble) He came back illegally and a cop tried to pull him over and as smart as his..lol.. did not stop and of course he ended up getting caught well he is in jail right now and they are supposed to deport him for the 2nd time in April. He does have a record though.....he like my husband was brought when he was younger the U.S is the only home he knows which is why he came back(but of course immigration doesnt care about that) but with a case like his..would he be able to file a waiver after 10 years? Or he would NEVER be able to file a waiver?

[Adriane]

If he was deported and then came back illegally, he has a lifetime ban and will be eligible for a waiver if he has a qualifying US citizen relative after he has first spend ten years outside the US. It's the 212 (9)(C) part of immigration law.

Read the link in my signature about understanding the 3, 10 & lifetime bans.

Does he have a US citizen qualifying relative? For purposes of the waiver that would be a spouse, fiancee or parent. A sibling, child or other relation can not file the necessary waiver and unless laws change, he will always need a waiver.

Good luck.