QUESTION: My mom came to California from the South Pacific islands (Tonga) on a Visa in 1981, then later she got married to my dad, had my sister in 1983 and then eventually she got her green card. She later had 5 more children, including me. She was deported in Dec 2000. She was charged with an Aggravated Felony for stealing, forging money from her babysitting/housekeeper job in 1996 and then a caretaker job in 1998. She had a gambling addiction, but it wasn't even that much money that she took from those years, but since then she's been back in the islands living good without getting in trouble. She's a church lady and a good mom, she just was addicted to gambling that's all. She also still has a bench warrant from her probation thing and its still active till this day over here, but I don't understand why probation didn't know she was deported. Anyway, my dad just filed for her, 1st the I-130 form, and it has been approved since a month ago. Now what else do we do? Probable get a lawyer? and file for waivers maybe? We're trying to get her back here to reunite with her family.
REPLY: Thank you for your question. It sounds as though your mother has quite a complicated immigration history. Given this history, it will be important to have her case reviewed by a competent immigration lawyer before taking any steps toward her return to the U.S. While I cannot offer specific advice without learning more about the case, I have provided some general information below.
Individuals who are ordered removed from the U.S. based upon a conviction for an aggravated felony are inadmissible to the U.S. for life unless he/she obtains permission to reapply for admission to the U.S. This application is made on Form I-212.
Most crimes involving an element of theft and fraud are deemed to be crimes involving moral turpitude (“CIMT”) under U.S. immigration law. Individuals with CIMT convictions are also inadmissible to the U.S. for life unless they obtain a waiver of inadmissibility.
There are two (2) types of waivers available for CIMT convictions. The first is for nonimmigrants who seek only to visit the U.S. on a temporary basis. The other is for immigrants who seek to reside in the U.S. permanently. If the convictions occurred at least 15 years ago, the immigrant waiver is much easier to obtain.
If you would like to submit additional information about your case and receive a complete professional analysis, please consider contacting my office to set up a consultation.