What should I do after a family member was deported from the US? 4 Answers as of February 27, 2011

My husband was deported for falsely declaring citizenship. I am a U. S. citizen as well as our 4 kids. He was the supporter for our family I don't work to care for our kids one of which has epilepsy. Can we file a waiver to allow him to come back to the US? Or file to get him a visa?

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
I am afraid that engaging in document fraud in falsely claiming citizenship results in a permanent bar. You can petition for removal under a hardship, if there is a demonstration of extraordinary and extreme hardship. But he has to petition to just get permission to petition for a waiver, followed by petition for legal residency through consular processing. And he must remain outside the USA during the petition process. If you want help in preparing such an application-petition process, feel free to call or e-mail me to set up a phone or in-person consultation.
Answer Applies to: California
Replied: 2/27/2011
Law Offices of Caro Kinsella
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
I would need to know the full details behind his false claim to citizenship before I give you proper advice. But yes a waiver demonstrating the extreme hardship on you and your children would be an option along with the visa. If you want a free consultation please contact me.
Answer Applies to: Florida
Replied: 2/27/2011
Marie Michaud Attorney At Law
Marie Michaud Attorney At Law | Marie Michaud
Sorry, there is no waiver available for those who falsely claimed to be a US citizen. The law is quite strict.
Answer Applies to: California
Replied: 2/27/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
His crime is fraud, which makes his case very tough one. He can be permanently inadmissible. You may get a waiver for his immigration bar however it can be very hard. You would better off work with a skillful lawyer.
Answer Applies to: Florida
Replied: 2/27/2011
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