QUESTION

What do I do if my husband has been deported?

Asked on May 05th, 2015 on Immigration - New York
More details to this question:
My husband was convicted as an aggravated felon. He served 3 year in prison and was deported when his sent was up. We have been married for 10 years and have two kids together that are both US Citizens. I am a US Citizen as well. My husband was here legally. His grandfather was a US Citizen as well. Can you please help?
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1 ANSWER

Aggravated felony conviction made your husband subject to a mandatory deportation and ineligible for any relief under the immigration law. In other words, it means that he will never again be permitted to enter the United States. It does not matter that he was in the U.S. legally, or was married to you for 10 years, or that he has children. The only hope is that he might have been a U.S. citizen: if his grandfather was a U.S. citizen, then his descendants might be citizens, too. There is a law that, under certain conditions, children of U.S. citizens automatically become U.S. citizens - without filing any applications or documents. This law was changing over the years, and the conditions it set were changing, too. So you have to talk to an immigration attorney and answer his or her questions about your husband's family (when and how his grandfather became a U.S. citizen, when and where your husband's parent-the grandfather's child was born, etc.) If it turns out that your husband is a U.S. citizen "by operation of law" then his deportation was without authority of the law and can be reversed.
Answered on May 11th, 2015 at 11:17 AM

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