Can he receive a green card through marriage? 7 Answers as of July 18, 2011

I have been married to my husband for 3 years and we have a 2 year old son together. He has been deported once in the year 2001 and re-entered again. What I would like to know is what probability do we have that he will obtain his green card if I sponsor him.

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World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
The probability is pretty low if he is here illegally again. He is going to have to leave the US in order to remain eligible to receive a green card. The rule is that once you have been deported you have to wait 10 years before being allowed to re-apply for admission. Sometimes the 10 years can be broken with a waiver, but permission to file it remains with the Consular Officer and the decision power with the USCIS and sometimes they use their discretion to approve an application for a waiver that looks unapprovable. Good luck!
Answer Applies to: California
Replied: 7/18/2011
Immigration Law Offices of Misiti Global, PLLC.
Immigration Law Offices of Misiti Global, PLLC. | Nicklaus Misiti
If you apply for him on your own it is more likely he will be deported than approved for a green card. Speak with an attorney.
Answer Applies to: New York
Replied: 7/18/2011
Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
He has triggered the permanent bar by coming back after deportation. He must stay outside US for 10 years and then apply for a waiver
Answer Applies to: Nevada
Replied: 7/16/2011
Fong & Associates
Fong & Associates | William D. Fong
It will depend on the underlying immigration violation that was the basis for the deportation and the effect of the entry after deportation without permission from the USCIS. You can start the I-130 filing, but he will need to go to him home consulate to apply for the immigrant visa and will need to apply for a waiver for all his immigration violations. The waiver will be based on an unusual and extreme hardship to you and the USC children. Consult with an experienced immigration attorney.
Answer Applies to: Texas
Replied: 7/16/2011
Law Offices of Iman Abouelazm, P.A.
Law Offices of Iman Abouelazm, P.A. | Iman I. Abouelazm
There may be a waiver available for your husband to help him obtain legal permanent residency. However, we would need more details, such as how he re-entered and when. **NOTE: This is a general answer to your question. You should consult with an attorney about your specific circumstances for accurate and reliable legal advice. Good luck!
Answer Applies to: Florida
Replied: 7/16/2011
    Christian Schmidt, Attorney at Law
    Christian Schmidt, Attorney at Law | Christian Schmidt
    You husband cannot obtain a green card if he entered the U.S. without inspection after being deported.
    Answer Applies to: California
    Replied: 7/16/2011
    Law Office of Christine Troy
    Law Office of Christine Troy | Christine Troy
    If he was deported and entered illegally during that time period then he is probably permanently barred from getting a green card. Make an appointment with a competent immigration attorney and bring all his paperwork. You should see if he qualifies for any exemptions under the U visa or 245i.
    Answer Applies to: California
    Replied: 7/16/2011
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