Can someone be deported although they have not had a previous criminal record and have been living in the US for half oftheir life?

UPDATED: Jan 3, 2012

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Can someone be deported although they have not had a previous criminal record and have been living in the US for half oftheir life?

My best friend was deported last year after being caught without a license. He had no previous criminal record and was here for have of his life. He was sentenced to be deported for 10 years. Is there anyway to get him back?

Asked on January 3, 2012 under Immigration Law, Massachusetts


Dustin Bankston / Bankston Immigration Law Office

Answered 11 years ago | Contributor

I assume that your friend was undocumented in this situation.  If that is the case, he can be deported even with no criminal record.  Just being in the country without documents is enough to get deported.

Generally, the ten year bar on returning to the U.S. has to do with unlawful presence. If someone is unlawfully present in the U.S. for over a year, that person must wait ten years before applying for a visa to return.

Without any further specific facts about this situation, I would say that your friend will need to wait the ten years before trying to come back.


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