QUESTION

What can I do to bring my husband back to the US if he was detained by ICE and signed the voluntary leave?

Asked on Jan 17th, 2013 on Immigration - New York
More details to this question:
I'm a US Citizen and currently pregnant. I recently got married. He has no criminal record and was here illegally for eight years. He signed the voluntary return and wasn’t deported by a judge.
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7 ANSWERS

Depending on particular circumstances of your family, you might be able to obtain a permission of the U.S. Government for your husband to come back with a green card. The process is neither fast nor easy, but it can be done. Talk to an immigration attorney. If there is any time left before the date when your husband has to leave the U.S., I would strongly recommend getting a consultation while he is still here. And remember that not leaving within the time allotted for the voluntary departure is, generally, a bad idea (unless your attorney tells you otherwise).
Answered on Jan 23rd, 2013 at 10:53 AM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case, advise you of your options and, if possible, make sure that the necessary paperwork and documentation is presented so as not to delay the process.
Answered on Jan 21st, 2013 at 7:45 PM

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Robert E. West
If he qualifies, you can apply and in about 12-18 months he might return legally.
Answered on Jan 21st, 2013 at 7:44 PM

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Adebola O. Asekun
For the most part, unless other issues are presented, an alien who has resided in United States for 8 years even illegally, has a right to see a judge,especially absent criminal record or previous orders of removal. But since he has already been deported, you must consult with an immigration lawyer who can request and review your husband's immigration case fie in sufficient detail. As a US citizen, you can file a petition for him that will start the process of his possible return to the US. I must advise that whether he can return to the US involves thorough inquiry into the hows and why of his present deportation and other matters that even you may not know at this time .I caution that any attempt by him to return to the US illegally may not only subject him to criminal penalties, for illegal reentry, it may also significantly extend the period of his ban for return to the US.
Answered on Jan 21st, 2013 at 7:44 PM

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Criminal Law Defense Attorney serving St. George, UT at Edward D. Flint Attorney at Law
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All immigration questions depend heavily on the facts of each individual applicant, and there are no easy answers. The best thing you can do is visit with an attorney and go over your options.
Answered on Jan 21st, 2013 at 7:41 PM

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Criminal Defense Attorney serving New York, NY at Law Offices of Nicklaus Misiti, PLLC
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You will need to petition for him and file for a waiver. The waivers are difficult but not impossible to obtain. You have a much better chance if it is prepared by and experienced attorney. My firm handles such cases.
Answered on Jan 21st, 2013 at 7:41 PM

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You would need to file a Petition for your husband to come to the United States as an immigrant. It is likely he will need a waiver to return as well.
Answered on Jan 21st, 2013 at 7:41 PM

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