How long will my husband be deported?

He will be out of the country for between 6-12 months IF the waiver is granted. He could be gone for up to 10 years if his wavier is not granted. Please call to discuss the specifics.

Based upon the limited information you provided, I will presume that your husband either entered the U.S. without inspection (no visa) or overstayed his visit on a limited visa. If your husband overstayed a visa, I would need to know by how much time. There is a penalty for overstaying a visa. Therefore, I need more information. If I am correct about the visa or entering with no inspection, than your husband may have two options to adjust his status. First, your husband could leave and return to the U.S. as you indicated in your question. The other option, which is more difficult, is to apply for a waiver of inadmissibility. Please feel free to contact our office. We can practice anywhere in the United States and will offer a free consultation.

I need more facts to adequately answer your question and would prefer to review his deportation order. Does he have a criminal record? Was he ever deported before? Did he ever leave the U.S. and return triggering a permanent bar? Are you a U.S. citizen? Is your child a U.S. citizen? Best case if you are a U.S. citizen and he was deported for being here without documentation (no criminal record) or prior deports), then best case is about a year. You need to file the I-130 petition immediately and begin the process to put together a strong waiver case. We would be happy to assist you through the process. There are three stages: I-130 to show you are a U.S. citizen and he is your spouse (about 5 months), approved I-130 is sent to the National Visa Center where they collect money and forms for the consulate in Honduras, case is sent to Tegucigalpa for interview and medical exam. He will be found inadmissible because he accumulated unlawful presence in the U.S. and the deportation and then instructed to present the waiver packet. Once his interview is scheduled we can get a better timeline on the processing of the waiver packet which is the big unknown time-wise. We would be happy to assess his case, advise more specifics on the procedures, timing and fees if you want to set up a consultation (in person or by phone) with me as indicated below. We do charge for consultation but the consultation fee is then credited 100% toward the fees for your case. These are complicated cases and it is important to present the strongest case possible to get him back here at the soonest possible date so you need to be sure to retain experienced counsel.