Two issues in your case are namely that your spouse entered US without inspection and so, this may hinder his ability to adjust status, especially if your visa was filed after the s.245(i)INA sunset date. Of greater concern is the fact that because your husband reentered United States twice illegally after his deportation in 1995, he may be subject to s.241(a)(5) INA Reinstatement. because, he was deported in 1995 and he returned twice [1995 and 2001] both reentries occurring before and after the Apr. 1, 1997 effective date of s.241(a)(5) INA. You should not file anything with CIS until after you have consulted with an experience immigration attorney.
Answered on Jan 15th, 2013 at 7:51 PM