Immigration Issues/deported bro-in-law

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Question
My brother-in-law was here illegally and was caught and deported.  He has waited the 5 years they said before he could legally apply to come back.  How do we start this process?  Is there some form of apology we have to file like when my husband applied to say sorry for coming in without inspection?  Thanks,  Suzanne.

Answer
If 5 years have passed he does not need a pardon. He can apply for a tourist visa - they do not have to say yes but he is not statutorily barred if 5 years have passed. He needs proof of support for his temporary visit and proof he will return to his country - like job/property/bank account there.

However, if he was here for more than a year illegally after 4/1/97 he is also subject to a different 10 year bar that he would need a waiver.



Regards,

Robert.  

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