QUESTION
How can I find out if my common law husband will ever be able to be here legally? He was deported and came back illegaly.
Asked on Aug 14th, 2012 on Immigration - Texas
More details to this question:
At the time we were only friends, I didn''t do much to help. I did look up his spn and saw the charges which were: evade arrest w/motor vehicle, and poss cs pg1 less than 1g. He was held in county for 2mo. and then released to ICE for deportation. While waiting he asked for the money deposited into his inmate account and was told it would be used the next time he was to be in there as time served. When he asked about paper work everyone around him was getting about how long they would be banned from the U.S. they said he wasn''t getting one. Who should I contact to find out if he has one? Will he ever be eligible to have some type of legal status to be here legally? We have one child together, and I have two from a previous marriage that consider him their dad. One is 5 and the other is 8 and has special needs and their biological father is not a part of their lives. They only now him as their dad. I hate worrying that one day our family will be torn apart due to him being deported.
1 ANSWER
2 Awards
This Immigration and Nationality Act Section 212(a)(9)(A)(ii)(II) basically makes your husband inadmissible for 10 years. If he is deported a second time (because he gets caught in the US) he is inadmissible for 20 years. If the crime that made him deportable in the first place was considered an "aggravated felony" under immigration law, your husband is inadmissable forever. If the criminal conviction can be challenged, your husband may be able to reopen his immigration case, but that would be a long shot (and it would be expensive).
Answered on Aug 14th, 2012 at 12:32 PM