visiting the states after deportation 17 years ago

[Floydsway]

My Brother who is a United Kingdom Citizen. Was deported from the united States 17 years ago and given a 5 or 10 year ban.
He was initially stamped through at immigration and they ran after him in the airport. So he literally was in the States for about 45 minutes.
He had spent 9 month in the united states ( overstaying his visa) the year before. The Immigration officer realized they had made a mistake letting him through and ran after him.
He had been ill with depression and my sister had been taking care of him in Miami. The immigration officers interviewed him and put him back on a plane to England. They considered it a deportation since they had initially stamped him though.
He was young at the time and did not follow the letter of the law with immigration and his illness left him vulnerable.
Now it is 17 years later, he has his own successful business in England and a family. and a house. He is well and no longer suffers with depression. He wanted to come to the United States to Visit his Two sisters. for a week.
So our question is: Can he just book a ticket for himself and his family to come on vacation, or should he take extra steps due to his deportation 17 years ago?
Thank you in advance for any help.

 

[PayrollHRGuy]

He would be stupid not to contact the US consulate or embassy before he even booked his trip.

 

[xylene]

as you tell it, your brother was not even sure of what happened.

he needs to contact an immigration lawyer for advice and assistance before he does anything.

He should not himself contact anyone and for god sakes not just get on a plane until he has worked with his own advocate.

 

[FlyingRon]

If you're previously denied entry into the US, you're not eligible for VWP/ESTA. He needs to specifically apply for a VISA before traveling (and if he's sane, before he spends any money on travel arrangements).

If he's indeed subject only to a ten year ban which has expired, and he meets the other requirements that would lend the US to believe he is going to comply with the terms of the visa for which he is applying, it ought to be granted.

 

[LdiJ]

If you're previously denied entry into the US, you're not eligible for VWP/ESTA. He needs to specifically apply for a VISA before traveling (and if he's sane, before he spends any money on travel arrangements).

If he's indeed subject only to a ten year ban which has expired, and he meets the other requirements that would lend the US to believe he is going to comply with the terms of the visa for which he is applying, it ought to be granted.

This is the correct advice.

 

[xylene]

Just an fyi - for everyone 'certain' of the OP's brother's status:

He was allegedly deported, not just denied entry.

Of course he was in a depressed state and not able to care for himself and doesn't know exactly what happened...
And this all happened in 45 minutes...

So sure - he should definitely just apply for a visa.

It's trumps america - this isn't a time for DIY.

 

[FlyingRon]

I didn't say I was certain of his status. I said if he was subject to a bar that expired 7 years ago, he's free to apply. (In fact, he's free to apply no matter what, but absent a waiver of the bar, he's going to get turned down). The point being made is he just can't fly to the US and try to get in. While UK citizens are usually allowed to use the visa-less electronic entry program, this person certainly can not (whether he was just denied entry or deported).

There's no downside to applying for a visa. It's just a waste of a hundred pounds or so if he's ineligible.