Does my husband who is an illegal immigrant have a chance to come back to the US if he was deported for the second time? 5 Answers as of March 18, 2013

My husband came to the U.S. when he was 1 year old. He had a green card. At 17, he committed a crime. He stole a person's car at gun point. He was charged with a felony and they convicted him 1 month later when he turned 18 and charged him as an adult. He did his time and was released on parole. He then violated his probation and was sent back to prison. While in prison, a law was passed. If not a citizen and have committed a felony, he would get deported and he did. He came back illegally and I married him a year later. We lived together for 7 years when he was arrested by ICE and deported again. We have 2 children. My oldest son has autism and it has been a challenge raising my kids alone. He has been in Mexico for the past 6 years. We visit every month but it's not enough and we need him back. What do I do? I keep hitting dead ends and can't afford to keep paying people that at the end can't help. Is anybody out there that can help me please!!!

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Law Office of Adebola Asekun | Adebola O. Asekun
I deeply regret your situation. Also, you did not provide a timeline of events in this case, which would have made it easier to review the facts of your case in line with the changes in the law in the last several years. However, if your husband was deported and then illegally returned and was deported the second time, he is subject to Reinstatement of order of removal under s.241(a) INA. This means first, he will deported again, not on the basis of any new deportation order or hearing but instead on the original order. Second, under s.241(a)(5) INA, it was useless for him to have returned since he would not have obtained any immigration status status, despite your marriage. And in fact, his illegal return further damaged his case in that if he was deported twice, he is then deemed an immigration recidivist. Aliens so classified, will not be able to get a green card until they have stayed outside the US for at least 20 years starting from the day of their last deportation, which in his case is about 6 years ago and so, he must remain outside for another 14 years. Also, if his original deportation was for an aggravated felony, it would have carried a 20 year bar before he can apply for waiver to return. Having addressed those issues, I state that all is not necessarily lost. But in order to address your case in greater detail, you should speak to an immigration attorney who can carefully review all the records of his cases (criminal and immigration) to determine the legality of both proceedings in case an avenue may exist to challenge either or both proceedings which are valid under the law until otherwise shown. There can be no guarantee of this inquiry, but unless the issues are reviewed properly by a crimmigration lawyer, I know of no other way to overcome the issues I have described above. An issue I'd seriously consider is whether he is indeed a US citizen and hence not even deportable since he came here as a I year old as well as the possibility of a CAT claim Finally, I warn of the consequences of another attempt at illegal reentry which may subject him to criminal prosecution and a mandatory minimum 72 months sentence and 3rd deportation under 8 USC.1326(b). Good Luck.
Answer Applies to: New York
Replied: 3/18/2013
Universal Law Group, Inc. | Francis John Cowhig
Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. First of all, depending on exactly what he was charged and convicted of, your husband may be inadmissible and may never be able to come back to the U.S. Secondly, he illegally re-entered the country after being deported which only caused more problems. I strongly suggest that you contact an experienced immigration attorney with experience in removal/deportation procedures and criminal law issues for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.
Answer Applies to: California
Replied: 3/17/2013
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
They may have given him a 20-year bar, which is absolutely ridiculous. The Chairman of the House Judiciary Committee said something about the possibility of removing the 3 to 10 year bar in the much talked about Comprehensive Immigration Reform. We don't know what that means yet, but CIR may contain some softening provisions for your husband. I suggest you wait and see what CIR brings and if it applies to your husband. As things stand now, I don't know enough about your husband's crimes to advise you in the specifics of your case, but a regular visa petition accompanied by a waiver should be the general prescription. Patience.
Answer Applies to: California
Replied: 3/15/2013
Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
Unfortunately, your husband will be subject to a bar of admission. He will not be able to seek permission to reapply for admission for at least ten years. This period begins running after his deportation and cannot be shortened by a waiver. Also, his criminal record may bar him from returning to the U.S. You should consult an experienced immigration attorney as soon as possible to see if there may be grounds to challenge the original deportation and/or receive some form of prosecutorial discretion.
Answer Applies to: New York
Replied: 3/15/2013
Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
I would not waste any money on getting him back. His deportation is for life because he was deported as an aggravated felon. If he comes back again, he may be prosecuted for illegal reentry.
Answer Applies to: Nevada
Replied: 3/15/2013
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