Will my husband still be able to get his citizenship if he was deported 7 years ago and has since returned? 4 Answers as of June 23, 2011

Will my husband still be able to get his citizenship if he was deported 7 years ago and has since returned?

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World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
The short answer is: No he will not if he returned to the US without authorization. If he came with a visa this time, then nothing much can stop him from achieving citizenship with some exceptions. Now, since he was deported before, that tells me that he was given at least a 10-year ban and these days, the 10 years are solid and they will not accept an I-212 waiver form until the 10 years have passed. Since he came back (and I am assuming in this part) without a visa, one of the things that will happen is that if he is nabbed, they will add another 10 years to his ban and that will make it very difficult for him to ever come back the US. I don't know his specifics so I cannot elaborate further, but suffice it to say that you should have filed a form I-130 petition for him some time ago to begin the consular process for his immigrant visa. I theoretically see no reason why he couldn't go back and complete this process in his country of origin. Good luck!
Answer Applies to: California
Replied: 6/23/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
Yes, and this time it will be more serious. You need a lawyer.
Answer Applies to: Florida
Replied: 6/22/2011
Sariol Legal Center
Sariol Legal Center | Frank R. Sariol
You don't give us enough facts. Did he come over illegally the 2nd time? Are you a US Citizen? If so, have you filed an I-130 petition for him? The fact that he was deported does not determine whether he can become a citizen or not. There are many other factors that determine that such as criminal record. Write back and give us more detail.
Answer Applies to: California
Replied: 6/22/2011
Baughman & Wang
Baughman & Wang | Justin X. Wang
If your husband returned to the US without prior permission from the USCIS, his entry is illegal and he is subject to arrest and prosecution for illegal entry after being deported. Need to know more about his immigration history and the circumstances of his return to better advise you.
Answer Applies to: California
Replied: 6/22/2011
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