What can I do if my husband was deported after legal entry? 10 Answers as of February 06, 2012

Chances are that he will be able to return but the question is after how long? Normally 10 years and perhaps 20 years. The reason that the 10 years may be bumped to 20 years is that he returned to the US after being deported (or was it after being given voluntary departure?). Either way, he could not return to the US after the deportation unless 10 years had passed and a waiver was filed for him and was approved prior to his coming back. He bypassed all that and returned using a green card that had been invalidated. So since returning in that way, everything that he had done from that time until the time that he was picked up in 2009 was also illegal and will be tacked on to his list of violations for which he is going to have to seek a waiver next time he decides to come back. But that is what waivers are for, to break the time bar and allow the person to come back if they can make a persuasive case. You want to use a professional this time and map out any strategies available for him to come back to the US. It is always difficult after multiple violations but not impossible.

Depending on the conditions of his deportation order, in terms of how long he must be outside the US prior to making an application for entry, he will be eligible to apply for a visa once he has satisfied the conditions of that order.

You will need to work on asking Immigration Judge or USCIS to give you a waiver of criminal activity and/or illegal entry based on extreme and unusual hardship to his US relatives. Cannot give you percentage of success on this waver because of lack of information however one thing is clear it will be an expensive process.

The facts here are confusing. He was a resident and left on voluntary departure. Therefore, he re-entered unlawfully if he lost his residency. Anyways, we need to know what he has on his criminal record. It just doesn't make sense that he would accept voluntary departure and relinquish his residency unless he was convicted of a crime that would render him ineligible for relief.

This is a complex situation. We would first need more information regarding the criminal conviction. Some criminal offenses make an individual ineligible to receive a green card while others require a waiver. We would also need to know more about how he entered with a green card. Even when someone voluntarily leaves the country, they are usually barred from re-entry/readmission for a period of years. It would be best for you to meet with an immigration attorney so they can go over the entire case in more detail.

He would have a better chance defending himself in 2009 than now. Since he was deported in 2009 involuntarily, there is a 10 year bar, he won't be able to engage in any kind of immigration process of the US for 10 years from the date he was deported involuntarily.

No one could give you a percentage of chances. Everything depends on the details you would discuss with an immigration attorney at a consultation. Get one! And be sure the attorney you talk to has experience in immigration and is a member of AILA.

The case seems to have complicated issues. If he re-entered legally then he should not have been deported on the pre-existing voluntary deportation order which is what seems to have happened. You need to consult with an attorney because whether he is eligible for legal re-entry depends on whether he entered legally after voluntary departure.

Your husband's criminal record must be studied to see if he can be readmitted based on his family relationship with US citizens.

He lost his green card when he was deported. Below must be done. *Consulate Processing* Consulate Processing must be completed. This allows the petition to first be sent to the National Visa Center, and then the appropriate documents and package to go to the U.S. Consulate or Embassy. If done correctly, you will be able to enter as a Lawful Permanent Resident and will be in the U.S. in less than one year. Of course the time might be a bit less or more depending on the backlog of the U.S. Consulate or Embassy and whether or not a Waiver of Inadmissibility is needed. Attorney Fees (Filing Fees and Costs not included) The total Attorney Fees will be $2,500.00. *Waiver of Inadmissibility* A Waiver of Inadmissibility will have to be obtained. This is an application that will include a legal brief, forms, documents, exhibits, declarations and other evidence. It will take several months for the decision, and if done correctly, there is a good chance of an approval. The Waiver essentially makes the crime or ground of ineligibility disappear so that entry or re-entry will be allowed into the U.S. Please note that the Waiver is the critical part of this application, and unless approved, there cannot be any other petition that will allow entry into the U.S. Therefore, the Waiver must be prepared with significant supporting documents. Attorney Fees (Filing Fees and Costs not included) The total Attorney Fees will be $3,500.00.