QUESTION
Is there anything I can do to bring my husband back after an aggravated assault conviction?
Asked on Mar 22nd, 2012 on Immigration - Florida
More details to this question:
My husband entered this country legally from Honduras and was issued an Employment Authorization Card and Social Security Card in 1996. We had a child in 2001. He was convicted of Aggravated Assault and served less than 6 months in the county jail. We were married in 2004. I am a natural born US citizen. He reapplied for a TPO and for his work authorization card in 2005 and was denied. He never received any type of deportation papers. He was picked up under a minor traffic violation (with current driver’s license) and held by immigration until he signed a deportation consent in which he was deported to Honduras in 2008 without even seeing a judge. He reentered the country illegally and was picked up again in a routine traffic stop and deported back to Honduras in 2009. Since his deportation, I have had to place out autistic child on Medicaid and now receive food stamps since he supported us, which will deny me the right to file an affidavit of support. He has other legal relatives that could co-sign this for him. Can I file anything to bring him home? With all that I have stated, is there even a chance or is it a waste of money and time to contact an immigration attorney as I have been informed by others in similar situations that warned me hiring an attorney is useless and he will never be allowed reentry.
4 ANSWERS
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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If he signed deportation and reentered, he is barred from applying for relief.
Answered on Mar 28th, 2012 at 11:45 AM
Assault Attorney serving Richardson, TX
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The major problem is the second re-entry. If he has only one re-entry he might be able to get a waiver but the second will in all likelihood be a bar.
Answered on Mar 26th, 2012 at 6:08 PM
Sorry, your husband is permanently barred from immigrating to the U.S.
Answered on Mar 26th, 2012 at 1:42 PM
Immigration Law Attorney serving Orlando, FL
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Stoller & Moreno, P.A.
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Sounds to me like your husband re-entered the US without inspection after he was deported. Huge no no. The way this work is that your husband has triggered the "permanent bar" which requires him to remain outside of the US for ten years before he can apply to receive the permission needed to return. I know that in the big scheme of things, wanting to care for your family is the right thing to do. Problem is the immigration authorities take the frequent violation of US immigration law relatively seriously and that is the issue here. I would encourage you to speak with an attorney to understand the legal issues here and what is at play. But I would be very cautious of anyone telling you that something can be done to fix this problem at any point in the immediate future. Good luck.
Answered on Mar 26th, 2012 at 10:59 AM