What visa does my husband need after being deported for a crime? 1 Answers as of June 15, 2011My husband was in the US Army in the 1977 and he assaulted someone in 1996 he was found guilty by jury. They gave him 15yrs, 5 to serve and 10 yrs probation. This year ICE deported him and he had an appointment for citizenship. What the visa he need to come back to the us?
World Esquire Law Firm | Aime Katambwe
I would have to know the specifics of his removal and why he could not have presented a defense of Adjustment of Status before the Immigration Judge (IJ). He went before the IJ before he was removed, right? But sponsor him into the US by filing an I-130 visa petition anyway. That petition will be approved and USCIS will send it to the National Visa Center (NVC) and you will need to have a good I-212 waiver or application for permission to reapply for admission by the time his interview comes up. In some cases, I hope not his, he may have to wait 10 solid years before presenting that application. But in any case, he should have it ready by the time the interview comes about so that he can submit it when/if the Consular Officer informs him that you qualify for a waiver. You want to contact competent counsel to strategize his return. Good luck!
Answer Applies to: California