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Old 10-04-2014, 03:13 PM
 
3 posts, read 3,559 times
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My future brother-in-law was convicted of a crime involving moral turpitude. He is not a U.S. citizen, but my fiancee is. Her father is a U.S. citizen as well. They both share the same mother who is not a U.S. citizen. While serving his time in prison he was deported to Europe. We are preparing for our wedding and are not clear whether or not her brother can attend the wedding.

Would the first step be to fill out a Waiver of Ineligibility? Is that even applicable to his situation?
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Old 10-04-2014, 03:17 PM
 
27,307 posts, read 16,237,091 times
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Quote:
Originally Posted by ML4567 View Post
My future brother-in-law was convicted of a crime involving moral turpitude. He is not a U.S. citizen, but my fiancee is. Her father is a U.S. citizen as well. They both share the same mother who is not a U.S. citizen. While serving his time in prison he was deported to Europe. We are preparing for our wedding and are not clear whether or not her brother can attend the wedding.

Would the first step be to fill out a Waiver of Ineligibility? Is that even applicable to his situation?
He needs a waiver. That would be in the form of a visa.

No guarantee it will be granted.
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Old 10-04-2014, 08:51 PM
 
Location: North Carolina
282 posts, read 444,574 times
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Quote:
Originally Posted by ML4567 View Post
My future brother-in-law was convicted of a crime involving moral turpitude. He is not a U.S. citizen, but my fiancee is. Her father is a U.S. citizen as well. They both share the same mother who is not a U.S. citizen. While serving his time in prison he was deported to Europe. We are preparing for our wedding and are not clear whether or not her brother can attend the wedding.

Would the first step be to fill out a Waiver of Ineligibility? Is that even applicable to his situation?
Was he deported from the U.S.? If so, he'd need a waiver of both the criminal ground of inadmissibility and the lengthy bar on returning after removal. They are very difficult to obtain.
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Old 10-05-2014, 08:05 AM
 
24,597 posts, read 10,909,474 times
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http://www.state.gov/documents/organization/86942.pdf
He is not eligible for ESTA and has to apply for B2 including a waiver. Best to get all documentation pertaining to crime, conviction, served sentence together. If he will get a waiver approved or not is nothing someone on a forum or even an attorney can tell you.
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Old 10-06-2014, 09:32 AM
 
3 posts, read 3,559 times
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Originally Posted by trying harder View Post
Was he deported from the U.S.? If so, he'd need a waiver of both the criminal ground of inadmissibility and the lengthy bar on returning after removal. They are very difficult to obtain.
He was legally in the U.S. when he committed the crime and during his stay in prison he let his permanent resident card expire and was then deported.
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Old 10-06-2014, 10:21 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,729,597 times
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Quote:
Originally Posted by ML4567 View Post
He was legally in the U.S. when he committed the crime and during his stay in prison he let his permanent resident card expire and was then deported.
Just to clarify - the fact that he didn't renew his Green Card had nothing to do with him being deported. He was deported because he committed a crime in violation of the terms of his permanent resident alien status.
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Old 10-06-2014, 10:42 AM
 
3 posts, read 3,559 times
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Originally Posted by STT Resident View Post
Just to clarify - the fact that he didn't renew his Green Card had nothing to do with him being deported. He was deported because he committed a crime in violation of the terms of his permanent resident alien status.
This is what I have been reading as well. I have grown more confused the more I read about this. The mother made it appear at the time of his deportation that he did not take care of his green card and was deported for such and all of this could have been prevented. I have never had a need to research any of this and am starting to realize I have been given a lot of misinformation.
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Old 10-06-2014, 10:47 AM
 
24,597 posts, read 10,909,474 times
Reputation: 46968
Quote:
Originally Posted by ML4567 View Post
This is what I have been reading as well. I have grown more confused the more I read about this. The mother made it appear at the time of his deportation that he did not take care of his green card and was deported for such and all of this could have been prevented. I have never had a need to research any of this and am starting to realize I have been given a lot of misinformation.
Too much third party and hearsay information. Do you really need him at the wedding?
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Old 10-06-2014, 11:27 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,729,597 times
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Quote:
Originally Posted by ML4567 View Post
This is what I have been reading as well. I have grown more confused the more I read about this. The mother made it appear at the time of his deportation that he did not take care of his green card and was deported for such and all of this could have been prevented. I have never had a need to research any of this and am starting to realize I have been given a lot of misinformation.
Sounds like Mum wanted to play down the cause! In any event, depending on the crime involved he could be banned from reentering the US for 5, 10, 15, 20 years or permanently so if this was something recent, highly unlikely he'll be able to return. Suggest you send him an invitation and let him deal with the problem.
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Old 10-06-2014, 12:00 PM
 
16,709 posts, read 19,424,866 times
Reputation: 41487
Quote:
Originally Posted by ML4567 View Post
This is what I have been reading as well. I have grown more confused the more I read about this. The mother made it appear at the time of his deportation that he did not take care of his green card and was deported for such and all of this could have been prevented. I have never had a need to research any of this and am starting to realize I have been given a lot of misinformation.
I think your best bet is to let THEM figure it out. If your MIL lied to you about this, it's very possible she may rely on you in the future for eligibility on being in the US, and that's the last thing you need, especially with this guy.
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