Immigration Corner | I was deported, can I go back?

Dear Mrs Walker-Huntington,

I was living in America in the 1990s. My sister gave a lady who was dealing drugs my number, and I got caught up in a conspiracy. I was arrested and went to prison for two years. I was deported 21 years ago. My son is going to file for me sometime this year, he’s an American citizen. Do I have anything to be concerned about?

Kind regards.

AM

Dear AM,

Anyone deported from America is in most cases inadmissible to return based on the grounds of deportation. Usually before a deported person can return to America, they would need to be granted a waiver of that inadmissibility. In some cases – that would be fact-dependent – a person may not need a waiver with the right sponsor. Some deportees will never be able to return.

However, a person deported from the United States for a drug crime has an almost impossible task of returning. Most drug cases do not have a corresponding waiver that would allow the deportee to return – notwithstanding who is doing the filing. A waiver is available for drug possession of under 30 grams of marijuana. When it comes to trafficking in a controlled substance or other attendant charges, there is no waiver.

In your matter, you or your son should consult with an immigration lawyer with your criminal records for review for the definitive opinion. It is possible that your son could file a petition for you to migrate to the United States and it be otherwise approvable, but your criminal grounds of deportation would make you ineligible to return to America. Your charge, your age at time of your conviction, and many other factors need to be considered before an attorney can give you a specific opinion.

Dahlia A. Walker-Huntington, Esq, is a Jamaican-American attorney who practises immigration law in the United States; and family, criminal and international law in Florida. She is a diversity and inclusion consultant, mediator and former special magistrate and hearing officer in Broward County, Florida. info@walkerhuntington.com