QUESTION
How may I bring my deported husband back to the US from El Salvador? He was removed because he committed a felony crime.
Asked on Aug 30th, 2012 on Immigration - Virginia
More details to this question:
He was a perm resident, convicted in VA of 2 counts of taking indecent liberties with a minor, sentenced to 4 yrs for each count,with 2 yrs suspended, to be served concurrently. This was a plea bargain. He therefore served 2 yrs & then was removed from the US almost 5 yrs ago. I'm an American citizen & we have 3 children, all US citizens. For almost 7 yrs (since my husband's incarceration) I've had the sole responsibility of maintaining our home & supporting our children, & have been dependent on public assistance because my job alone isn't sufficient to support us. Because I want to stay with my husband, I tried to sell the house 5 yrs ago & planned to move to El Salvador but the economy went down & I couldn't. My husband doesn't have stable income & isn't able to live independently or go to another country to look for work, so we are forced to live separately. This yr was the 1st time the kids and I were able to go visit him since his deportation & future visits are uncertain.
1 ANSWER
2 Awards
The short answer is "no." Unless he can get his conviction set-aside or altered to the point it no longer qualifies as an "aggravated felony," he is permanently bared from returning to the US, and even then, additional and uncertain immigration action would be required. All of this would be quite expensive. You can start by locating an attorney in VA that specializes in post-conviction relief and get his or her opinion about the likelihood of success in attacking the conviction.
Answered on Aug 30th, 2012 at 4:17 PM