QUESTION
Can I petition for my husband to come back to the US after he was deported?
Asked on Nov 23rd, 2011 on Immigration - Texas
More details to this question:
Hello, my husband got deported in June of 2011 from the USA. I am a US citizen. Can I petition for him to come back to the US or do he need to apply for 212 form for readmission? Being that we are married, would it be easier to petition him? How soon can I file for him?
5 ANSWERS
Criminal Law Attorney serving Las Vegas, NV
at
Reza Athari & Associates, PLLC
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It depends why he was deported, how long he stayed in the US and other issues.
Answered on Jul 03rd, 2013 at 12:34 AM
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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He will have to apply for I-212 form. However, he might have to apply for other waivers depending on his criminal history and period of unlawful presence. You can start the process by filing the I-130 petition. It is recommended that before you start the process, that you consult with an attorney to determine if he is even eligible.
Answered on Nov 29th, 2011 at 3:00 PM
Immigration and Naturalization Attorney serving San Francisco, CA
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The Law Office of Christine Troy
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You can petition for him but will need to file the extreme hardship waiver to get him back in the US prior to the time stated on his deportation order. I encourage you to have a full consult with a competent immigration attorney to evaluate his options fully.
Answered on Nov 28th, 2011 at 1:03 PM
Immigration and Naturalization Attorney serving San Diego, CA
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Feldman Feldman & Associates, PC
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Provided he has only been deported once and there are no serious criminal convictions then yes you can petition for him. It will require 2 waivers prior to the expiration of the deportation order.
Answered on Nov 23rd, 2011 at 10:15 PM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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It depends on the underlying immigration or criminal violation that is the basis for the deportation and whether he is eligible for the waiver. These cases are fairly complex and often denied if improperly prepared or if the applicant is not prepared for the interview. Consult with an attorney as the denial will result in a significant time delay.
Answered on Nov 23rd, 2011 at 7:50 PM