Can I petition for my husband to come back to the US after he was deported? 9 Answers as of July 03, 2013

Hello, my husband got deported in June of 2011 from the USA. I am a US citizen. Can I petition for him to come back to the US or do he need to apply for 212 form for readmission? Being that we are married, would it be easier to petition him? How soon can I file for him?

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Law Offices of Alan R. Diamante, APLC
Law Offices of Alan R. Diamante, APLC | Alan R. Diamante
He will have to apply for I-212 form. However, he might have to apply for other waivers depending on his criminal history and period of unlawful presence. You can start the process by filing the I-130 petition. It is recommended that before you start the process, that you consult with an attorney to determine if he is even eligible.
Answer Applies to: California
Replied: 11/29/2011
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
You can petition for him but will need to file the extreme hardship waiver to get him back in the US prior to the time stated on his deportation order. I encourage you to have a full consult with a competent immigration attorney to evaluate his options fully.
Answer Applies to: California
Replied: 11/28/2011
Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
The answer depends upon why your husband was deported. There are numerous grounds upon which a person can be deported some of which make it highly unlikely the individual will be able to return. Assuming your husband does not have a permanent bar, you can petition for him. You will need to file an immigrant visa petition for him. He must have an immigrant visa to re-enter the United States. It is not an option to petition for him. He will also need an I-212 application for readmission and most likely an I-601 hardship waiver. You can begin the process by right away by filing an immigrant visa petition for him. This is an extremely complex matter and you should consider hiring an attorney to assist you.
Answer Applies to: New York
Replied: 11/28/2011
Joseph Law Firm
Joseph Law Firm | Jeff Joseph
Yes. You can petition for your spouse. The process begins with the filing of an I-130 immigrant visa petition in which you must establish the bona fides of the relationship. Once the I-130 is approved, the case is sent to the National Visa Center which is the hub for consular processing around the world. The National Visa Center will send you forms that you must complete on behalf of your spouse, including the affidavit of support. The affidavit of support is to demonstrate that you have sufficient income to prevent your spouse from obtaining welfare. After you complete the forms and send them to the National Visa Center, your spouse will be scheduled for an interview at the consulate. There, they will determine if there is anything in your spouse's past that would prevent him from immigrating such as crimes, immigration violations, etc. In this case, he has a prior deportation. If a person is deported, there is a general 10 year bar on readmission. If he seeks readmission within that 10 year period, he will need advance permission to reenter which he seeks by filing form I-212 at the consulate. Additionally, if he was deported for a crime, he may need a waiver of the crime. Finally, if he was in the U.S. unlawfully for more than a year, he will need a waiver of his unlawful presence which is submitted on a separate form I-601. Because of the issues in this case, it is highly recommended that he seek the assistance of an immigration attorney.
Answer Applies to: Colorado
Replied: 11/28/2011
Carol Beth Wolfenson | Carol Beth Wolfenson
It depends what he was deported for. If it was for a crime, it depends what the conviction was for. If approvable you would have to petition for him. When the petition is denied at the Consulate, he would have to apply for the I-212 and prove the hardship to his family.
Answer Applies to: New York
Replied: 11/28/2011
    Reza Athari & Associates, PLLC
    Reza Athari & Associates, PLLC | Reza Athari
    It depends why he was deported, how long he stayed in the US and other issues.
    Answer Applies to: Nevada
    Replied: 7/3/2013
    Feldman Feldman & Associates, PC
    Feldman Feldman & Associates, PC | Lynne Feldman
    Provided he has only been deported once and there are no serious criminal convictions then yes you can petition for him. It will require 2 waivers prior to the expiration of the deportation order.
    Answer Applies to: California
    Replied: 11/23/2011
    Fong & Associates
    Fong & Associates | William D. Fong
    It depends on the underlying immigration or criminal violation that is the basis for the deportation and whether he is eligible for the waiver. These cases are fairly complex and often denied if improperly prepared or if the applicant is not prepared for the interview. Consult with an attorney as the denial will result in a significant time delay.
    Answer Applies to: Texas
    Replied: 11/23/2011
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