Will my husband be able to get a visa? 3 Answers as of March 11, 2011

Me and my husband got married here in the US. I am a citizen and he came here illegally. He recently got deported for a dui we were going thru the process of getting his visa. I got a call saying it was time to do the process. My question is, we have a child together so will they deny his visa even thou he has never got caught crossing the border illegally. Will they deny him his visa?

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
I am sorry, that will be very difficult for your husband and you. Your husband will be subject to a 10-year ban, and your husband will be ineligible to adjust status. Your call to "do the process" came from whom? The fact of the matter is, he came illegally, and when he was removed, any attempt to re-enter, even through visa, is subject to the 10-year ban. You can petition with an I-212 request for permission to gain permission to re-enter, and a waiver of inadmissibility, and it is possible to succeed. I can help. If you wish to do so, you may set up an appointment for a consultation by phone or in person. Best to you.
Answer Applies to: California
Replied: 3/11/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
Your husband could be inadmissible for several reasons. First, he was unlawfully present in the US for more than 180 days when he was deported he would need a waiver for his visa to be issued. Also, he may need a I-212 "waiver" since if deported. Both of these require proving extreme hardship to you to be approved. Both of these are filed after he is denied his immigrant visa.
Answer Applies to: California
Replied: 3/11/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
He was deported, was he not? That means the fact that he crossed the border is found. Usually he is subject to 3-10 years immigration bar. You have to hire an attorney to seek other options.
Answer Applies to: Florida
Replied: 3/11/2011
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