Can I fix my husbands immigration status after he got a DUI? 3 Answers as of April 18, 2011

My husand was deported back in August of 2010. due to a DUI but he was charge with a DUI mistermeaner. We had been married since 10/23/1999 and we have a daughter together plus he has raise my two childern from another marriage since 1998. My oldest daughter is 14 years old and my son is 13 years old my husband around since he was 6 months old and our youngest daughter is 11 years old. I want to know if there is a way that I could fix his immigration stautes?

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Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
You may apply for him a waiver for him to come back in.
Answer Applies to: Florida
Replied: 4/18/2011
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
Yes there is assuming you are a USC or have legal status in US. If he only has the 1 DIU then I see no big problems ahead. But if he has a longer criminal record, then you need to know what is in it before applying for him. He will most certainly need a waiver. I am assuming that he did not have a legal status when he was removed. If he did, then I don't understand how he can be removed with so many roots and things that tie him to the US . . . water under the bridge though. You should file for him and have him interview for his visa in his country of origin. He should have a good waiver ready to be filed upon the indication of the consular officer. Get a good attorney to handle this for you. Good luck!
Answer Applies to: California
Replied: 4/18/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
If you are a U.S. Citizen or Legal Permanent Resident you can petition your husband by filing an I-130 petition. Due to his prior time in the and DUI he will likely need a waiver to return to the U.S.
Answer Applies to: California
Replied: 4/18/2011
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