QUESTION

What can I do to bring my husband back to US if he was detained by ICE and left voluntarily?

Asked on Apr 22nd, 2013 on Immigration - Texas
More details to this question:
My husband was detained by the immigration and customs enforcement and he signed the voluntary leave.
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4 ANSWERS

If you are an American Citizen, you probably should start petitioning for him. The rest should be dealt with once his entire deportation file is known. VP The information contained herein is provided for information purposes only, and should not be construed as a solicitation for your business or as legal advice on any subject matter. You should not act or refrain from acting on the basis of this information without seeking independent legal advice.
Answered on Apr 24th, 2013 at 3:31 PM

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Adebola O. Asekun
You will need to provide more information before I can determine whether your husband can return to the United States and how. Your comments gives the impression that your husband is neither a US citizen nor legal US resident, but was instead an arriving nonimmigrant alien whom border officials may have conclude was not admissible. In lieu of denial of admission and deportation, he might have been given opportunity to withdraw his application for admission. If the CBP found that an arriving alien has an immediate relative in US, the CBP would conclude that he was in fact an intending immigrant coming to the US to reside permanently even if he had a temporary visa like B-2. If so, this would have been the best thing to happen, otherwise, he could have faced summary removal and barring him from the US for 5 years. But I hasten to add that this is only speculation based on my experience in such cases. When, how and under what circumstances your husband can actually come back to the US will depend on actual events and documents. You will need to consult with an experienced immigration lawyer who must have all the necessary documents and information.
Answered on Apr 24th, 2013 at 3:31 PM

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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 and advise you of your options.
Answered on Apr 24th, 2013 at 3:31 PM

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To start the process, you will need to submit an I-130 relative petition on his behalf. After the I-130 has been approved and you have submitted his immigrant visa application, his civil documents, and your affidavit of support to the National Visa Center, his visa interview will be scheduled at the US consulate in his home country. Depending on how long he was in the country unlawfully, he will probably need to submit an I-601 waiver application also.
Answered on Apr 24th, 2013 at 3:30 PM

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