QUESTION

What can I do if my husband was deported after legal entry?

Asked on Jan 18th, 2012 on Immigration - New York
More details to this question:
My husband was deported in 2000. It was a voluntary deportation after committing a crime. Since it was voluntary, he assumed he could return. After a year of saving money to return to the US, he entered legally with his green card in 2001. In 2009, ICE picked him up stating he was illegal. He has worked legally, filing taxes for 8years. I am a US citizen and we have two children (also US citizens). What are the chances of having my husband allowed to come home?
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6 ANSWERS

Depending on the conditions of his deportation order, in terms of how long he must be outside the US prior to making an application for entry, he will be eligible to apply for a visa once he has satisfied the conditions of that order.
Answered on Feb 03rd, 2012 at 3:03 PM

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Immigration Law Attorney serving Los Angeles, CA at Law Offices of Alan R. Diamante APLC
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The facts here are confusing. He was a resident and left on voluntary departure. Therefore, he re-entered unlawfully if he lost his residency. Anyways, we need to know what he has on his criminal record. It just doesn't make sense that he would accept voluntary departure and relinquish his residency unless he was convicted of a crime that would render him ineligible for relief.
Answered on Feb 02nd, 2012 at 12:09 PM

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Immigration & Naturalization Attorney serving Olympia, WA at Seifert Law Offices PLLC
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No one could give you a percentage of chances. Everything depends on the details you would discuss with an immigration attorney at a consultation. Get one! And be sure the attorney you talk to has experience in immigration and is a member of AILA.
Answered on Feb 02nd, 2012 at 10:46 AM

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Criminal Law Attorney serving Newport Beach, CA at Right Choice Law
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The case seems to have complicated issues. If he re-entered legally then he should not have been deported on the pre-existing voluntary deportation order which is what seems to have happened. You need to consult with an attorney because whether he is eligible for legal re-entry depends on whether he entered legally after voluntary departure.
Answered on Feb 01st, 2012 at 6:34 PM

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Immigration Law Attorney serving Long Beach, CA at Law Offices of Brian D. Lerner
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He lost his green card when he was deported. Below must be done. *Consulate Processing* Consulate Processing must be completed. This allows the petition to first be sent to the National Visa Center, and then the appropriate documents and package to go to the U.S. Consulate or Embassy. If done correctly, you will be able to enter as a Lawful Permanent Resident and will be in the U.S. in less than one year. Of course the time might be a bit less or more depending on the backlog of the U.S. Consulate or Embassy and whether or not a Waiver of Inadmissibility is needed. Attorney Fees (Filing Fees and Costs not included) The total Attorney Fees will be $2,500.00. *Waiver of Inadmissibility* A Waiver of Inadmissibility will have to be obtained. This is an application that will include a legal brief, forms, documents, exhibits, declarations and other evidence. It will take several months for the decision, and if done correctly, there is a good chance of an approval. The Waiver essentially makes the crime or ground of ineligibility disappear so that entry or re-entry will be allowed into the U.S. Please note that the Waiver is the critical part of this application, and unless approved, there cannot be any other petition that will allow entry into the U.S. Therefore, the Waiver must be prepared with significant supporting documents. Attorney Fees (Filing Fees and Costs not included) The total Attorney Fees will be $3,500.00.
Answered on Feb 01st, 2012 at 6:29 PM

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Leon Wildes
Your husband's criminal record must be studied to see if he can be readmitted based on his family relationship with US citizens.
Answered on Feb 01st, 2012 at 6:28 PM

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