Does my husband who is an illegal immigrant have a chance to come back to the US if he was deported for the second time?

I deeply regret your situation. Also, you did not provide a timeline of events in this case, which would have made it easier to review the facts of your case in line with the changes in the law in the last several years. However, if your husband was deported and then illegally returned and was deported the second time, he is subject to Reinstatement of order of removal under s.241(a) INA. This means first, he will deported again, not on the basis of any new deportation order or hearing but instead on the original order. Second, under s.241(a)(5) INA, it was useless for him to have returned since he would not have obtained any immigration status status, despite your marriage. And in fact, his illegal return further damaged his case in that if he was deported twice, he is then deemed an immigration recidivist. Aliens so classified, will not be able to get a green card until they have stayed outside the US for at least 20 years starting from the day of their last deportation, which in his case is about 6 years ago and so, he must remain outside for another 14 years. Also, if his original deportation was for an aggravated felony, it would have carried a 20 year bar before he can apply for waiver to return. Having addressed those issues, I state that all is not necessarily lost. But in order to address your case in greater detail, you should speak to an immigration attorney who can carefully review all the records of his cases (criminal and immigration) to determine the legality of both proceedings in case an avenue may exist to challenge either or both proceedings which are valid under the law until otherwise shown. There can be no guarantee of this inquiry, but unless the issues are reviewed properly by a crimmigration lawyer, I know of no other way to overcome the issues I have described above. An issue I'd seriously consider is whether he is indeed a US citizen and hence not even deportable since he came here as a I year old as well as the possibility of a CAT claim Finally, I warn of the consequences of another attempt at illegal reentry which may subject him to criminal prosecution and a mandatory minimum 72 months sentence and 3rd deportation under 8 USC.1326(b). Good Luck.

Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. First of all, depending on exactly what he was charged and convicted of, your husband may be inadmissible and may never be able to come back to the U.S. Secondly, he illegally re-entered the country after being deported which only caused more problems. I strongly suggest that you contact an experienced immigration attorney with experience in removal/deportation procedures and criminal law issues for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.

I would not waste any money on getting him back. His deportation is for life because he was deported as an aggravated felon. If he comes back again, he may be prosecuted for illegal reentry.