Can my husband become a green card holder after being deported? 4 Answers as of June 09, 2011

My husband got deported on 8/23/2009. He got deported for not having a drivers license. In the past, he had 3 DUI charges but he completed everything he was asked to do. We got married after he got deported but we where living together at that time. I am a US Citizen and I was trying to apply for a green card for him. We have a son together and we recently found out he has Autism and it is really difficult for me to take care of him by myself. Does he have the opportunity to become a Green Card holder or not?

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Fong & Associates
Fong & Associates | William D. Fong
It depends on the facts of the case, but the difficulty is that he has been deported already and he has 3 DUI charges. This fact scenario will likely have the AMCON CONOFF refer him to a panel physician to determine if he has an alcohol addiction or dependency. If he does, then that is a ground of inadmissibility.
Answer Applies to: Texas
Replied: 6/9/2011
Carlos E. Sandoval, P.A.
Carlos E. Sandoval, P.A. | Carlos Sandoval
It possible for him to get his residency, but most probably he will have to request one or more waivers. First, he needs a waiver for the deportation7n and if he was here illegally over 6 months he will also need a waiver for the illegal presence. Based on what you mentioned about the health condition of your child it seems that you have a good case to show the hardship necessary to get the waivers approved.
Answer Applies to: Florida
Replied: 6/9/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
If he is in the proceeding, you can hire a lawyer to defend for you. If he is already deported, you can file a waiver. If you need help, you are welcome to contact our firm.
Answer Applies to: Florida
Replied: 6/9/2011
Calderón Seguin PLC
Calderón Seguin PLC | Ofelia L. Calderon
Yes. He needs you to file a petition for him and then he can apply for the immigrant visa at his Embassy. He WILL need two waivers - one for his deport order and one for his unlawful presence. He will need to show extreme hardship to you which sounds very doable and obviously overcome the negative discretionary factors of his actual arrests.
Answer Applies to: Virginia
Replied: 6/8/2011
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