Can I fix my husband's papers if he has a misdemeanor? 4 Answers as of December 30, 2011

Lots of information needed to properly answer your question starting with a complete copy of his criminal and deportation records. Is he in or out of the U.S.? If in, did he return to the U.S. after being deported?

This is a difficult question to answer. I cant tell how your husband entered the U.S. and I cant tell when he got voluntary departure or where is right now. In general, you can only get your permanent residence in the U.S. if you entered legally and if you are in legal status at the time of the application. If getting the greencard through marriage to a U.S. citizen, the illegal status at time of application is ignored but the legal entry is still required. So, if he is here and has a legal entry, you might be able to fix this. The crime is an issue but there are some good arguments that it would not make him ineligible for the greencard. Otherwise, you would need to file a waiver on his behalf and show that you and your child will suffer extreme hardship if he cannot stay. The voluntary departure is also an issue because if he doesnt leave within the time frame, he will have an automatic order of deportation and cannot reopen or apply for the greencard for ten years. If it has been less than 90 days since that day, you may be able to file a motion to reopen. If he is outside the U.S., you can file a petition for him and then file waivers for the crime and the illegal time. As you see, it is complicated. See an experienced lawyer.

Unfortunately, we would need additional information to address your question. We would need to know more about the arrest and conviction. We would also need to know whether your husband complied with the voluntary departure order or not. You may be able to petition for your husband, but we would need more specific information about his arrest and conviction.

He is barred for 10 years if he failed to leave. If he left, you can still petition him but if he was sentenced to 6 months or more jail, he will have to apply for a waiver.