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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105595
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Would I be able to request legal residence for my husband if

Customer Question

Would I be able to request legal residence for my husband if he's been deported in the past? I am a U.S citizen and have two children
Submitted: 24 days ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 24 days ago.

Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

It depends. When was he deported? How long was he illegally in the U.S.? Why was he deported?

Customer: replied 24 days ago.
He's been deported for 4 years. Basically his residence was taken away. He was deported for driving with a suspended license and suspect of illegal activity.
Expert:  Guillermo J. Senmartin, Esq. replied 24 days ago.

Was he convicted of anything? What? And what sentence?

Customer: replied 24 days ago.
He was in a detention center for 2years prior to being deported. He claims to having been harrased by the judge telling him he wasn't going to be released unless he signed and gave up his rights.
Expert:  Guillermo J. Senmartin, Esq. replied 24 days ago.

That's immigration detention. I need to know if he was convicted of a criminal offense. If so, what was it and what sentence? Also, how long was he in the U.S. illegally before they arrested him?

Customer: replied 24 days ago.
To my knowledge he was never sentenced and charges were never specific enough to know why he was being deported. He was taken in under suspicion of drug possession, nothing was ever found
Customer: replied 24 days ago.
He lived in the U.S since he was 18 now he's 48. Then became a permanent resident.
Expert:  Guillermo J. Senmartin, Esq. replied 24 days ago.

Well, that doesn't make sense. If he was not convicted of anything and he had U.S. Lawful Permanent Residency, there was no reason to deport him. So either he is not telling you everything, or you are not understanding his situation. What country is he from? How did he obtain U.S. Lawful Permanent Residency?

Customer: replied 24 days ago.
He's from Mexico, he was granted residence through family. Is it common to get deported and immigration will allow you to keep your legal documents?
Expert:  Guillermo J. Senmartin, Esq. replied 24 days ago.

No, it is not. Are you 100% sure that he had a green card? And you are 100% sure that he was not convicted of any crime? If you are 100% sure of both, then he should not have been deported and really it would be extremely rare that they would make such a mistake. So I think you really need to discuss this with him because either you don't understand his situation correctly or he's not telling you everything.

Customer: replied 24 days ago.
I am 100 percent sure he had a green card. About what he tells me I'm not 100percent certain it is true. Or yes he might not be telling me everything. Which is why I've been trying to research on my own but haven't had much luck.
Expert:  Guillermo J. Senmartin, Esq. replied 24 days ago.

Well, I can tell you how to get him back to the U.S., but if he was convicted of a serious enough crime, that could be a permanent bar to him ever coming back, with no waiver available, so you basically would be throwing money away. So you really need to clear it up with him as to why he was deported so you don't waste your time and effort. Assuming he has no conviction that makes him permanently inadmissible to the U.S., he will need three things for you to bring him back to the U.S.:

1) You can file for him as a K-3 spouse by filing an I-129F and I-130, or you can apply for him through the CR-1 process which only requires a form I-130. All those forms can be found at http://www.uscis.gov/forms.

a) The K-3 spouse visa takes 6 to 9 months. The I-129F will cost $340 plus $420 for the I-130, and $350 for the visa processing fee. Then after he enters the U.S., he must still file the I-485 for $1070 and wait for the marriage interview about 5 to 7 months later.

b) The CR-1 visa (or IR-1 if your marriage is more than 2 years old) takes about 1 year or so. The fees are $420 for the I-130, $330 for the visa processing fee, $88 for an Affidavit of Support fee. But once he enters the U.S., he enters as a Resident and he does not have to file (or pay for) an I-485 nor does he have to attend an additional interview. He just gets his green card in the mail a few weeks later.

So the K-3 ais faster but generally more expensive. The CR-1 (and IR-1) are slower, but generally cheaper. And no, there is no "middle of the road" visa that he can use to enter the U.S. while that process is pending. He will most likely have to wait outside.

Here is a link to all of the visas:

http://travel.state.gov/content/visas/english/immigrate/family/fiance.html

and another link:

http://www.uscis.gov/sites/default/files/USCIS/Resources/Resources%20for%20Congress/Congressional%20Reports/I-129F%20Petition%20for%20Alien%20Fiance%28e%29.pdf

2) He will need an I-601 waiver to forgive the time he spent illegally in the U.S. To get this waiver he will have to prove that his spouse will suffer extreme hardship if he is not allowed back in to the U.S. These waivers are very difficult to get. The reason they are difficult to get is because the hardship probably will need to be more than just economic hardship or emotional separation hardship. You can look at this link to get more information on I-601 waivers. It is from the U.S. Embassy in Syria, but it is a good description and the process should be similar in all U.S. Embassies.

http://damascus.usembassy.gov/ina212.html

and here is another link:

http://www.uscis.gov/forms/centralized-filing-and-adjudication-form-i-601-application-waiver-grounds-inadmissibility

Here is a link to what extreme hardship is:

http://www.ilw.com/articles/2007,0717-scott.shtm

3) He will need an I-212 special permission to apply for admission to the U.S. after deportation. He can only apply for this after he has been outside for at least one year. Here is a link to that:

http://www.uscis.gov/i-212

If the deportation penalty was 5 years or 10 years, when that time passes, he would no longer need the I-212. Also, if 10 years go by after he was deported, then he would not need he I-601.

Just remember that if he was convicted of something that makes him permanently inadmissible, you will be wasting time and effort in the process that I just outlined. So make sure you talk to him about this.

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Expert:  Guillermo J. Senmartin, Esq. replied 22 days ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 21 days ago.

Thank you for your kindness and respect. Good luck to you.

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