How to bring my husband back to the United States after being deported? 5 Answers as of November 18, 2011

My husband got deported 2 years ago. He has been in the US since age 5 and he is now 38. He got deported for offenses from years ago. Ever since his deportation I been suffering from severe anxiety and depression. I had to move in with a relative because I can’t afford to live with my children and my income barely makes it. My children have also changed tremendously which has also made the situation worst. I am also helping him because he hasn’t found a job. He can’t speak nor write the language since he did not grow up there. He also keeps getting stomach pains but can’t get medical attention because he doesn’t have any money so I have to support him too. What can I do to bring him back?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Or for Immediate Assistance call (888) 428-7281

Free Case Evaluation by a Local Lawyer: Click here
Fong & Associates
Fong & Associates | William D. Fong
Not enough information to advise you fully. You should get his complete criminal records and consult with an experienced immigration attorney. If the ground of inadmissibility is eligible for a waiver, you need to prove up an extreme and unusual hardship to you or a US citizen parent.
Answer Applies to: Texas
Replied: 11/18/2011
Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
I would need additional information about his criminal history to determine what could be done to bring your husband back. However, I will explain the process in general terms. Assuming you are a U.S. citizen or lawful permanent resident, you could file an immigrant visa petition on behalf of your husband. This petition will take about 6 months to 1 year to process. Approximately 1 year after the petition is filed, your husband will be called for an interview to determine whether the visa should be issued. He will need a waiver for his unlawful presence in the United States and likely for his criminal history. This waiver will be filed at the U.S. Embassy/Consulate and based upon hardship to you if he is not allowed to return to the United States. You must also document why you cannot live with him in his country. He will also need to an application for readmission after deportation. This also looks at hardship to you. This process requires filing the correct forms and supporting evidence. You should speak to an attorney in person about the case to determine whether your husband would be eligible to return to the United States before taking any steps.
Answer Applies to: New York
Replied: 11/18/2011
Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
Assuming that he faces at least a 10 year bar to reentry to the U.S., you will most likely have to await until at least that length of time elapses before attempting to bring him back.
Answer Applies to: Virginia
Replied: 11/18/2011
Christian Schmidt, Attorney at Law
Christian Schmidt, Attorney at Law | Christian Schmidt
You need to file an I-130 visa petition for him. Once approved he can apply for immigrant visa but needs waiver/s based on your hardship. You should consult with an experienced immigration attorney before you take any steps.
Answer Applies to: California
Replied: 11/18/2011
Click to View More Answers: