How many years wait after deportation before legal re-entry ?

[christino]

How many years you must wait before legal re-entry when deported for assault in the 2nd (class d)? (Aggravated Assault?)
My brother was deported January 2003 and has never reenter the US.
Is this a 5, 10, 20 year wait?
After the wait period is over, does he have to apply for reentry or can he just enter the country in a lawful manner without any sort of application?
He was a "green card" resident..

Thank you for any information you can provide.

[gaby]

Welcome cristino, I hope some one with more knowledge could answer your question

[mouse7r]

I dont have any real details for you--- but my friends husband was deported, while here on a green card through his ex-wife and she got a lawyer and fought for months and then got him back again... he was deported to venezuela. So there may be a way to get around the bar?!? Sorry Im not anymore help :)

[christytorres]

Welcome, I am sure some will be here soon to give more information...

[emt103c]

The wait doesn't have so much to do with the deportation--which would normally be a 10 year wait if deported by an immigration judge--but on the offense for which he was deported in this case.

I am assuming that Aggravated Assault was a CIMT ?? (http://www.state.gov/documents/organization/86942.pdf) and that carries a ban that always needs a waiver or at least permission to enter. As you can read here CIMT has more to do with the intent or type of assault (simple assault is not a CIMT.)

I only assume it was a CIMT because you give the impression that he was deported for it.

He would not automatically be reinstated as an LPR, if that is what you mean. He would have to reapply and if intending to be an immigrant would need a waiver. There are exceptions in the INA, they are pasted below:

(i) In general.-Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of-

(I) a crime involving moral turpitude (other than a purely political offense or an attempt or conspiracy to commit such a crime), or

(ii) Exception.-Clause (i)(I) shall not apply to an alien who committed only one crime if-

(I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or

(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).

[emt103c]

I have not actually done this, hopefully someone who has been through it will have more information.

[kitkat1]

If he was a legal permanent resident and was deported for assault, I believe it's twenty years. I suppose it depends on the severity of the charges - it won't be easy.


http://www.travel.state.gov/visa/frvi/ineligibilities/ineligibilities_1364.html

ALIENS PREVIOUSLY Removed.-

(A) Certain aliens previously removed.-

(i) Arriving aliens.-Any alien who has been ordered removed under section 235(b)(1) or at the end of proceedings under section 240 initiated upon the alien's arrival in the United States and who again seeks admission within 5 years of the date of such removal (or within 20 years in the case of a second or subsequent removal or at any time in the case of an alien convicted of an aggravated felony) is inadmissible.

(ii) Other aliens.-Any alien not described in clause (i) who-

(I) has been ordered removed under section 240 or any other provision of law, or

(II) departed the United States while an order of removal was outstanding, and who seeks admission within 10 years of the date of such alien's departure or removal (or within 20 years of such date in the case of a second or subsequent removal or at any time in the case of an alien convicted of an aggravated felony) is inadmissible.

[emt103c]

Christino was it considered felony assault?

[christino]

The information he gave me states that it was a crime categorized as "Assault 2nd" and was a "Class D"

[christino]

For those interested - My brother was driving a cab in NYC - this is during a time that a disproportionate amount of cab drivers were being killed. He picked up 4 passengers who started threatening him. After giving them a scare by speeding in local street of upper Manhattan, he stop and let them out. My brother being the macho man that he thinks he is got out of the car also. All four men jumped him and left him bleeding on the ground. He later went driving around the neighborhood looking for them (by himself of course). He found one and stab the man (non fatally). Problem was that he could not prove the man was one of the individuals who assaulted him. The man produced an alibi that claimed he was in the area all along. The camera in the cab had never been turned on. He spent 2 1/2 year in jail of a 3 year sentence and deported after completion. He was under the impression that after 5 years he could either apply for reentry or that it was "ok" to reenter the country as long as he did it in a lawfull manner. Thank you all for your responses.

[y14gemini]

Okay I called and Spoke with Officer V...... Assault 2 means if you punch someone or hit some and it's a Felony and Class D meanss it carries up to a year in jail. I called the NYPD 1st precint (212) 334-0611. That was the first number that I came across on the website...http://www.ci.nyc.ny.us/html/nypd/html/home/contact_information.shtml

I hope this helps! :)