What is the possibility of someone who was deported getting residency? 3 Answers as of June 08, 2011

I am an American citizen married to a Mexico citizen who has be deported for life. He has 1 felony on his record, will I be able to get him his residency we have 2 children together also born in the US. is there any hope that he can come back legally.

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Calderón Seguin PLC
Calderón Seguin PLC | Ofelia L. Calderon
I don't know what deported for life means. Was that what he was told? The problem with a felony is that words like felony and misdemeanor don't have the same meaning in immigration law as they do in criminal law. It is impossible to do an analysis of a case like this without actually seeing the criminal documents to determine whether his conviction really means barred for life or not. He would surely need a waiver, but I can't tell you if its possible without seeing the criminal documents. Again, this is a complicated question that requires an experienced attorney in a personal consult. You should seek one out in your area. I think it would be worth the money just to know and be able to move on.
Answer Applies to: Virginia
Replied: 6/8/2011
Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
No, very unlikely that you would be able to file a successful 601 waiver of inadmissibility request for your previously deported Mexican husband based upon extreme hardship to you and your children (in my opinion).
Answer Applies to: Virginia
Replied: 6/8/2011
Fong & Associates
Fong & Associates | William D. Fong
It will depend on the reason for the deportation and if you can prove up an extreme and unusual hardship to you and your US citizen children. Some grounds of deportation will not allow for any waiver. I would consult with an experienced immigration attorney.
Answer Applies to: Texas
Replied: 6/8/2011
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