Can I petion for my husband to come back to usa after he got deported? 10 Answers as of June 07, 2012

My husband has been convicted of 2 domestic assaults and has been in the usa illegal for 8 yrs. When he gets deported can i petion to get him back here. We are married and i have a baby on the way.

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Law Office of Pho Ethan Tran PLLC
Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
The answer depends on whether the government is alleging that he is an aggravated felon or not. If they are trying to deport him as an aggravated felon, he will have a difficult time getting a visa to return to the US.
Answer Applies to: Texas
Replied: 6/7/2012
Law Offices of Brian D. Lerner, A PC
Law Offices of Brian D. Lerner, A PC | Brian David Lerner
*Permission to Reenter, Consulate Processing and Waiver of the 3/10 year bar * There are three packages that must be completed. The Consulate Processing, the Permission to Reenter and the Waiver of Inadmissibility. A Consulate Processing package needs to be done for the Family Petition. This is a petition that will allow your loved one to come to the U.S. Our firm can prepare the Consulate Processing package which goes through U.S. Immigration, the National Visa Center and then the Consulate, so it goes smoothly and correctly. A Waiver of Inadmissibility will have to be obtained. This is a package that will include a legal brief, forms, documents, exhibits and declarations. My firm can prepare the entire waiver, and attach all of the necessary documents. It will take several months for the decision, and if done correctly, there is a good chance of an approval. The Waiver essentially makes the ground of ineligibility (i.e., the 3/10 year bar) disappear so that the you will be allowed entry into the U.S. You will also need to have a Permission to Reenter done so that the deportation bar will be lifted. This is a complete package that goes to the District Director to allow entry into the U.S. many years prior to when the deportation order would allow.
Answer Applies to: California
Replied: 5/29/2012
Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
The answer hinges on his criminal record. In some instances, a person can return to the United States after deportation. They will need an immigrant visa as well as waivers. However, some criminal convictions cannot be waived.
Answer Applies to: New York
Replied: 5/25/2012
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
The technical answer is yes; however each case is different and domestic violence is not looked upon kindly by USCIS and of course criminal offenses have different degrees and that will be important. You can petition him for an immigrant visa. There are no issues there. The question is whether he will qualify for a waiver and how long it will take for him to come back. For that you will need to consult competent counsel with the specifics of his case and background in order for them to map out a strategy for his return.
Answer Applies to: California
Replied: 5/25/2012
Elkhalil Law Firm, LLC
Elkhalil Law Firm, LLC | Hassan Elkhalil
Depends on the criminal charges. There may be a possibility but it will be long process. Consult with an immigration attorney.
Answer Applies to: Georgia
Replied: 5/24/2012
    Seifert Law Offices | Lisa Ellen Seifert
    You can petition for him. Because of his crimes and getting deported, it will be very hard for him to come back before several years, if at all. This is a hard case. He may be able to get a waiver and be able to re-enter, but you should definitely get some help to understand the options and whether it is realistically possible.
    Answer Applies to: Washington
    Replied: 5/24/2012
    Law Office of Bijal Jani | Bijal Jani
    Once an individual is deported, their ability to return to the USA is subject to the limitations imposed by the statutes, including the 10 year bar for staying illegally in the country.
    Answer Applies to: New York
    Replied: 5/23/2012
    Bogart Immigration Law, LLC | Nathan Bogart
    You can petition for your husband to come back to the United States, but it will not be easy. Your husband will have to deal with various "bars of inadmissibility," meaning the government will view him as inadmissible to the U.S. due to his unlawful presence, his deportation and most likely, his domestic abuse. Once everythin is approved, your husband will have to file petitions to remove the grounds of inadmissibility based on your extreme hardship. Proving extreme hardship can be very difficult, as it is hardship beyond what one would normally suffer in a situation where immigration has separated her from her husband. I suggest you speak with an experienced immigration attorney before proceeding.
    Answer Applies to: Missouri
    Replied: 5/23/2012
    Baughman & Wang
    Baughman & Wang | Justin X. Wang
    How can I get my deported husband who had two domestic assault convictions back to the US? If you are US citizens, you should first file I-130 visa petition. When he shows up at the visa interview, the US consulate officer will ask him to file two waivers for the unlawful presence and permission to reapply for admission after deportation. Then you have to consider the immigration consequences of his criminal convictions. If they are not crime involving moral turpitude (CIMT) or aggravated felony (AF), he is not barred from admission. Otherwise he may be subject to further inadmissibility ground. Please consult with an experienced immigration lawyer for your case. This is not something you would treat lightly.
    Answer Applies to: California
    Replied: 5/23/2012
    LAW OFFICES OF ALAN R. DIAMATNE APLC
    LAW OFFICES OF ALAN R. DIAMATNE APLC | Alan R. Diamante
    Yes. He will have to file multiple waivers that will focus partly on your hardship if he is not allowed to return for 10 years.
    Answer Applies to: California
    Replied: 5/23/2012
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