Humanitarian Waiver for Visa Following Deportation

As you may know, deportation from the USA is a cause for preventing entry to the US and in some cases is a cause for a permanent injunction, if by law or according to actual policy of the consul and the US State Department. However, what happens when the US has a vested interest in the return of the deported alien? And what happens to the children of the deported alien who have remained in the US?

There are isolated cases in which the USA is interested or willing to allow entry to a foreign national following his deportation.

Among these are cases in which a state criminal case is running and the testimony and presence of the foreign national is required to effectively run the case. In such instances, the state will initiate the proceeding rather than the individual, and a subpoena from the state will accompany it.

However, there are other cases in which an individual can apply for admission into the US following deportation based on a Humanitarian Waiver. These include cases with underlying humanitarian elements, such as the need for the parent to appear in court where a proceeding for the custody of his children is being conducted.

For example, there are cases where a couple with children or one spouse is staying illegally in the US, is caught by immigration authorities and deported in an expedited procedure. Children who were born in the US and even children who are illegal residents enter under the auspices of the Convention on the Civil Aspects of International Child Abduction (the Hague Convention) if the other parent (a US citizen, legal permanent resident and even an illegal resident) does not wish to leave the US along with the deported parent. This is also true in cases where a couple enters the US with a temporary or permanent work visa – in the event that one of the spouses wishes to divorce the other and return to their country. It may seem trivial and incomprehensible that the children do not go back along with the departing parent, however that is the exact situation. Barring an immigration warrant, it is forbidden to remove a child from the country in which he lives without the permission of both parents, even the custodial parent, to another country when both countries have signed the Hague Convention.

Therefore, a parent that does not have an independent status in the US, who wishes to divorce the parent with the substantial Residency Permit, should not take any legal measures that do not include an arrangement and immigration warrant regarding the children of the couple before completing the procedure.

This is also true in cases where a spouse has been deported and has failed to pre arrange any custody and immigration matters. The deported parent can apply for a Humanitarian Waiver (waiver for the denial of entry to the US for humanitarian reasons) to report to hearings at the court in custody and immigration to the US proceedings. The will be conditional on a guarantor that will sign a letter of guarantee. The guarantor must be a US citizen or a Legal Permanent Resident that has a steady income in the US which can be demonstrated through US income tax reports and other related documents.

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