My husband and I recently married this year. We were so happy to hear over the possible immigration changes possibly taking effect that would keep married couples together. Unfortunately, they do state that the spouse may not have a deportation order. Well, my husband does and now I don't know what to do because I don't say anyway out. Is our only option going back to Central America and waiting 10 years? I have my whole life here, I'm working, I just obtained my B.S. and I'm planning my next move for a Master's degree. I feel helpless and we don't have any extreme hardship to petition for. In fact, we don't even have children so at this point, I'm at my wits ends. Can someone please let me know if there is another possible solution to this ordeal?
You need to consult with an attorney to fully review the situation and options. The reasons behind the prior deportation order will be important, as will the full immigration history of your husband.
If a foreign national has an order of deportation or removal, the only way to get rid of it is to succeed with a motion to reopen or to leave the country. You are correct in that the departure will trigger a ten-year bar. For that you will need a waiver to return. That waiver is based on your hardship. If the showing is sufficient then your husband will be able to obtain residence and return to the United States. Waivers are complicated so I strongly suggest hiring competent counsel. We regularly handle waivers with integrity and success.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.