QUESTION
How can I help my husband become legal resident?
Asked on Jan 14th, 2013 on Immigration - Utah
More details to this question:
My husband and I have been married 9 yrs he has been in the USA more than that he came in illegally. Few months ago police stopped him he was deported he came back illegally once again. He has no police record. Can I help him legalize his status how will that deportation affect us?
5 ANSWERS
Adebola O. Asekun
If your husband has returned to the United States after a prior deportation, he is likely subject to s.241(a)(5) INA (Reinstatement) That is, if he is picked up, ICE will deport him back to his country, this time under a possible lifetime ban; Also, he may be prosecuted and serve jail time for illegal reentry 8 USC s.1326. Further, under s.241(a)(5) INA, anyone who returns to the US illegally after a previous deportation is not eligible for virtually any immigration benefit. I strongly advise that you and your husband should speak to an immigration lawyer who is familiar with the law in this area. Filing anything for him with CIS, especially without proper legal advice will be inviting trouble
Answered on Jan 24th, 2013 at 1:19 PM
No, he is not eligible to legalize his status within the US under the current immigration laws.
Answered on Jan 17th, 2013 at 2:03 PM
Immigration Law Attorney serving New York, NY
Partner at
Oltarsh & Associates, P.C.
You can file for you husband but will need to file for two waivers of inadmissibility. I would strongly suggest retaining counsel for the waivers.
Answered on Jan 16th, 2013 at 12:34 PM
Criminal Law Defense Attorney serving St. George, UT
at
Edward D. Flint Attorney at Law
Update Your Profile
All Immigration questions are very fact intensive, and no easy answer can be given to your question without meeting with you in person and delving into your life history and what you might be eligible to apply for from USCIS.
Answered on Jan 16th, 2013 at 12:33 PM
Robert E. West
Your husband needs to stay outside the us for ten years for you to attempt to bring him back legally.
Answered on Jan 16th, 2013 at 12:33 PM