QUESTION

My husband was deported a year ago, we have been together for over 13 years and married for 5 and have 2 small children together. What can I do?

Asked on Apr 01st, 2019 on Immigration - South Carolina
More details to this question:
He was arrested for a bench warrant for simply missing a court hearing for a DUI he had several years ago. Once arrested ICE had a hold on him and later he was deported. I immediately lost the home we were in and had to move and have been struggling ever since with our 2 small children and me being Bi-polar. I have been suffering greatly from depression and severe anxiety for not having him here with me, and my next step is to try and move to where he is, but I don't want to take our children away from their schools, friends, family, etc. What can I do to petition for him, where do I go? How long will the process take? How much $ will be involved? I need help.
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
If your husband's immigration violations did not involve multiple entries and violations in each period of time while staying here, and you are a US citizen or permanent resident, you can apply for him with an I-130 petition for alien relative and once that is approved, he can go through consular processing under which he will be denied at interview, but given an opportunity to submit forms I-212 application for advance permission to return to the US after removal and I-601 for waiver of other bars on admissibility. If the process is successful, the period of time will depend upon whether you are a permanent resident or US citizen and the speed of U.S.C.I.S. in adjudicating the applications. A rough guess is 2 1/2 years if you are a US citizen and 3+ years if a permanent resident.  I cannot give you an estimate on costs as attorneys charge differently, but I do note that the work to be done is difficult.  If you do not have much means, I suggest that you seek the assistance of Legal Services or other non-profit groups.  Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  
Answered on Apr 28th, 2019 at 10:46 AM

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