Can my husband return to the US after being deported? 5 Answers as of February 17, 2011

My husband has been deported due to a federal conspiracy of drugs case. He spent 20 months in federal prison. He lived in the US for 13 years and had his green card for 9 years. His 4 children and I are US citizens. Can he reapply to come back to the United States? What forms will he need?

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
We would have to see his criminal conviction and removal documents to properly advise you of his options. If you would like an assessment of options, procedures and costs, contact our office and ask for an appointment either in person or by phone with Danielle Rosche; we do charge for consultations but any fees paid would then be a credit toward the fees for your case if your retain us for further immigration work after the consultation. We can help you in obtaining these documents if you do not have them; but they are necessary to best advise you and your husband.
Answer Applies to: California
Replied: 2/17/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
It is not matter for form. Form is a way to petition. He needs to persuade the attorney in general to grant him a waiver to immigration bar. Hire a lawyer! Good luck!
Answer Applies to: Florida
Replied: 1/28/2011
Calderón Seguin PLC
Calderón Seguin PLC | Ofelia L. Calderon
I doubt it. You should really speak to someone personally and present all the criminal documents, but the issue is that your spouse would need a waiver and there are no waivers available for these types of drug offenses. Moreover, it sounds like it might be an aggravated felony (for immigration purposes) and that means that your spouse would not be eligible for a waiver because of his prior permanent resident status.
Answer Applies to: Virginia
Replied: 1/28/2011
Javia & Moore
Javia & Moore | Marisa-Andrea Moore
Whether your husband can apply to return, particularly in light of his criminal history, is a complex issue that goes beyond the scope of this board. I highly recommend that you consult with an experienced immigration attorney.
Answer Applies to: California
Replied: 1/28/2011
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
You really need to seek a paid consultation from a qualified immigration attorney specializing in criminal immigration for this question.
Answer Applies to: California
Replied: 1/28/2011
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