Can I legalize my husband if he was deported and returned to the US? 9 Answers as of July 03, 2013

Can I legalize my husband if he was deported before we got married and returned to the US?

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Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
If he returned after depotation, he triggered the permanent bar.
Answer Applies to: Nevada
Replied: 11/14/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
It depends on when he was deported and for what reasons and when he returned, your status, his criminal record, status of his various relatives, etc. If he returned without documentation before he was permitted to under his deportation order there is a good chance he may have triggered a permanent bar.
Answer Applies to: California
Replied: 11/7/2011
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
The short answer is no if you are thinking of doing it while he is in the US and without him leaving the US. If he is outside of the US, there are ways in which to do it.
Answer Applies to: California
Replied: 11/5/2011
Joseph Law Firm
Joseph Law Firm | Jeff Joseph
You can file a petition for your spouse. However, his prior deportation makes him ineligible to immigrate without a waiver. He can overcome the prior deportation by submitting the waiver on form I-212. Depending on his immigration history, he may also need other waivers. You should definitely consult with an immigration attorney to obtain advice regarding the proper course of action.
Answer Applies to: Colorado
Replied: 11/4/2011
Law Offices of Kenneth Wincorn P.C.
Law Offices of Kenneth Wincorn P.C. | Kenneth Wincorn
The answer depends on how long he was gone and under what terms he was deported.
Answer Applies to: Texas
Replied: 11/4/2011
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    I would need additional information to determine whether your husband would be able to obtain legal status. This is a difficult as he was previously deported and then returned to the United States. After his deportation, he would have barred from re-entering for a period of time. He may also have unlawful presence issues. I would also need to know about his criminal history, if any. This is a very complex case it would be best for you and your husband to speak with an attorney in more detail about the matter.
    Answer Applies to: New York
    Replied: 11/4/2011
    Christian Schmidt, Attorney at Law
    Christian Schmidt, Attorney at Law | Christian Schmidt
    Not if he returned unlawfully.
    Answer Applies to: California
    Replied: 7/3/2013
    The Law Office Kevin L. Dixler
    The Law Office Kevin L. Dixler | Kevin Lawrence Dixler
    No. When he unlawfully returns without a visa, he has committed a Federal Crime known as unlawful re-entry. This offense may also create from ten years to an indefinite bar to his lawful admission through an I-130 petition. I strongly recommend an appointment with a competent and experienced immigration attorney.
    Answer Applies to: Illinois
    Replied: 11/3/2011
    Law Office of John Vandenberg
    Law Office of John Vandenberg | John Vandenberg
    Your husband is in a very tricky position. Re-entering after a previous removal (also known as "deportation") can carry criminal penalties and makes his immigration status very precarious.
    Answer Applies to: Pennsylvania
    Replied: 11/3/2011
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