QUESTION

As a US citizen can I get papers for my husband who has signed his exit form?

Asked on Jul 07th, 2012 on Immigration - Texas
More details to this question:
I am an American citizen, along with my children but my husband is not. He was here for 4 years and got arrested and was placed on immigration hold. He signed his exit form and wants to know if I can still get his papers.
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11 ANSWERS

Immigration Law Attorney serving Long Beach, CA at Law Offices of Brian D. Lerner
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*Permission to Reenter, Consulate Processing and Waiver of the 3/10 year bar * There are three packages that must be completed. The Consulate Processing, the Permission to Reenter and the Waiver of Inadmissibility. A Consulate Processing package needs to be done for the Family Petition. This is a petition that will allow your loved one to come to the U.S. Our firm can prepare the Consulate Processing package which goes through U.S. Immigration, the National Visa Center and then the Consulate, so it goes smoothly and correctly. A Waiver of Inadmissibility will have to be obtained. This is a package that will include a legal brief, forms, documents, exhibits and declarations. My firm can prepare the entire waiver, and attach all of the necessary documents. It will take several months for the decision, and if done correctly, there is a good chance of an approval. The Waiver essentially makes the ground of ineligibility (i.e., the 3/10 year bar) disappear so that the you will be allowed entry into the U.S. You will also need to have a Permission to Reenter done so that the deportation bar will be lifted. This is a complete package that goes to the District Director to allow entry into the U.S. many years prior to when the deportation order would allow.
Answered on Aug 10th, 2012 at 10:26 PM

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You might be apply for a waiver of inadmissibility for your husband. Whether he is eligible for the waiver depends on his criminal record and his record of immigration violations. The chances of getting the waiver approved depend on your family circumstances: you will have to show that you have a good reason not to follow your husband to his country, and that separation from your husband will cause you an "extreme hardship". This is not something you can hope to do, successfully, yourself; and an attorney who handles immigration cases between divorces and landlord-tenant disputes is unlikely to be of much help to you. Consult an immigration specialist.
Answered on Aug 08th, 2012 at 2:17 PM

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Immigration Law Attorney serving Los Angeles, CA at Law Offices of Alan R. Diamante APLC
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It depends on his criminal record.
Answered on Aug 07th, 2012 at 3:58 PM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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You need to contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your husband's case. Depending on why he was arrested, whether or not he was charged with a crime and convicted, what he was convicted of and what exit form your husband signed, you may or may not be able to petition him for legal status. After reviewing all of this information, the attorney would then be in a better position to analyze you case and advise you of your options.
Answered on Aug 06th, 2012 at 9:56 PM

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Immigration and Nationality Attorney serving Miami, FL at CruzLaw PA
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If he has already signed voluntary departure you need to act fast because he will be deported soon. You should contact an immigration attorney to review his case immediately. If he has any type of relief, then you may be able to have the case reopened.
Answered on Aug 06th, 2012 at 8:46 PM

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Immigration Law Attorney serving Orlando, FL at Stoller & Moreno, P.A.
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My advice would be to schedule an appointment with a competent and experienced immigration attorney. The answer to your question is that it depends. If your spouse does not have a serious criminal record and his only problem pertains to his immigration status it sounds like something can be done. However, be careful out there and make sure that you make an informed decision on whether to proceed with a full understanding of what to do and how to do it. There is a lot of opinions out there, make sure you find someone reputable to deal with on your case. Good luck.
Answered on Aug 03rd, 2012 at 3:24 PM

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You need to meet with an immigration attorney in person to see whether you can prevent the deportation. As a US citizen, you can petition for him, but the issue will be whether he is eligible to adjust his status in proceedings. Also, you should not wait to consult with an attorney in consideration of your husband signing an "exit form."
Answered on Aug 03rd, 2012 at 2:00 PM

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Immigration and Naturalization Attorney serving Memphis, TN at Siskind Susser, P.C.
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You need to consult with an immigration lawyer who can go through the details of your case. If your husband was detained in TN, then you will probably want to have an attorney with experience practicing in the Memphis Immigration Court and with the Memphis ICE office.
Answered on Aug 03rd, 2012 at 1:57 PM

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You can still sponsor your husband for US permanent residency though he signed, what sounds like Voluntary Removal papers. The process will require substantial paperwork proving his inability to return to the US will result in extreme hardship to you,his US citizen spouse, and is also dependent on your husband's criminal record and ability to show/document his good moral character. I recommend you consult with an immigration attorney, such as myself, regarding this process.
Answered on Aug 03rd, 2012 at 1:45 PM

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Rebecca T White
I would need more information in terms of what his arrest was for, and exactly what he has signed. I would also need to know when and how he came to the US. He may have some options, but more information is needed.
Answered on Aug 03rd, 2012 at 1:43 PM

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If your husband was inspected or entered the country legally, he may be able to apply for adjustment of status.
Answered on Aug 03rd, 2012 at 1:41 PM

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