How long will my husband be deported? 8 Answers as of June 08, 2011I married my husband last week and we have a child together and we are going to get a lawyer to start papers. We have been told that he is going to have to go back. I was wondering if you could enlighten me as to how long and what kind of time I am looking at for the process? He is originally from Honduras.
World Esquire Law Firm | Aime Katambwe
Once a person is deported or removed, then without understanding the complete case, no one can give you detail information about the possibilities or probabilities in your case. It has to be the lawyer that you hire to represent you in your matter. Generally, I can only tell you that once removed from the US, the person has to wait at least 10 years outside the US in order to get permission to re-apply for admission back. There may be instances where that 10-year bar can be broken with a powerful waiver, in this case I don't know if he qualifies. There are a variety of things that will be brought to bear on your circumstances. I don't know them therefore an answer is difficult. Consult with your lawyer for the specific relief available in your case. Good luck!
Answer Applies to: California
Feldman Feldman & Associates, PC | Lynne Feldman
I need more facts to adequately answer your question and would prefer to review his deportation order. Does he have a criminal record? Was he ever deported before? Did he ever leave the U.S. and return triggering a permanent bar? Are you a U.S. citizen? Is your child a U.S. citizen? Best case if you are a U.S. citizen and he was deported for being here without documentation (no criminal record) or prior deports), then best case is about a year. You need to file the I-130 petition immediately and begin the process to put together a strong waiver case. We would be happy to assist you through the process. There are three stages: I-130 to show you are a U.S. citizen and he is your spouse (about 5 months), approved I-130 is sent to the National Visa Center where they collect money and forms for the consulate in Honduras, case is sent to Tegucigalpa for interview and medical exam. He will be found inadmissible because he accumulated unlawful presence in the U.S. and the deportation and then instructed to present the waiver packet. Once his interview is scheduled we can get a better timeline on the processing of the waiver packet which is the big unknown time-wise. We would be happy to assess his case, advise more specifics on the procedures, timing and fees if you want to set up a consultation (in person or by phone) with me as indicated below. We do charge for consultation but the consultation fee is then credited 100% toward the fees for your case. These are complicated cases and it is important to present the strongest case possible to get him back here at the soonest possible date so you need to be sure to retain experienced counsel.
Answer Applies to: California
Johnson & Nicholson, PLLC | Carnell Johnson
Based upon the limited information you provided, I will presume that your husband either entered the U.S. without inspection (no visa) or overstayed his visit on a limited visa. If your husband overstayed a visa, I would need to know by how much time. There is a penalty for overstaying a visa. Therefore, I need more information. If I am correct about the visa or entering with no inspection, than your husband may have two options to adjust his status. First, your husband could leave and return to the U.S. as you indicated in your question. The other option, which is more difficult, is to apply for a waiver of inadmissibility. Please feel free to contact our office. We can practice anywhere in the United States and will offer a free consultation.
Answer Applies to: North Carolina
Law Office of Immigration & International Trade Law | Linda Liang
Why don't you ask the lawyer you hired? It depends on how he came. If you need help, you are more than welcome to contact us.
Answer Applies to: Florida