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My husband got deported in '04. He re-entered and now we are married for 2 yrs.Would he need to go back to his country for 10 yrs? We don’t have any children yet, I have lost 2 baby boys due to incompetent cervix and I know my 3rd pregnancy will be high risk & possibly complete bed rest along. I will be impossible for me to work. Would my husband qualify to be in this country legally or be able to work legally due to my condition?
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There is a 10 year bar for unlawful reentry after being removed. He would have to leave for 10 years. Unless he was a victim of certain offenses (look up the U-visa).
Answered on Apr 19th, 2012 at 2:13 PM
NO. If he entered the US unlawfully, he is not eligible for work authorization in the US, regardless of your condition and he is not eligible to adjust status within the US. He would need to go back to his home country to consular process for a visa but by departing the US he will trigger an automatic 10 year bar to reentry, which can only be waived by a showing of extreme hardship to a US citizen spouse, which is fairly difficult to do in most cases.
Answered on Apr 18th, 2012 at 2:31 PM
Generally, the answer is No. I am assuming that he reentered illegally and thus he is also potentially subject to criminal prosecution. He would have to adjust status outside the US which is when the bar is enforced. It is possible that he could seek admission into the US based on extreme hardship, but that is difficult, especially with the background you have supplied.
Answered on Apr 18th, 2012 at 2:30 PM