Immigration Issues/deportation/petition


My husband was deported 10 years ago on a felony and he re-entered a couple times since then.  A year ago he was arrested, did 6 months here in california then was deported in 12/07.  He has not entered since then becuase he wants to do things right.  We were married a few weeks ago 6/19/08 in mexico.  What do we do now?  Is it possible for him to be a legal citizen again after all those mistakes he made?  We also have a 9mth old baby and he has US citizen children.

Well first of all it would seem that he was never a "legal citizen". At most he was a legal resident, and he lost this when he committed a crime.  At this point now, after his long record of criminal and immigration violations, it is going to be very difficult for him to be approved. You would need to file a Petition for Waiver of Excludability, and this would depend upon a hardship to you, not to him. Since you married him in Mexico, and you knew about his situation at the time you married him, it is going to be very difficult for you to prove this hardship.

Best of luck, but I suspect you are going to have to go to Mexico and live with him there for at least 5 years after the date of his last deportation. If he was residing in the USA for more than 1 year illegally, this period will go up to 10 years. If you are unwilling to go live with him in Mexico, then probably an annulment of the marriage is your best choice.  

Immigration Issues

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Alexander J. Hay


I am a U.S. lawyer with offices in Houston, Texas and in Belize. I can answer questions on U.S. Immigration, U.S. corporate law, and Offshore Tax and Asset Planning.
If you are on an H or L visa I am NOT GOING TO ANSWER your questions since they are usually highly fact oriented, and also you have a company attorney handling the whole thing. Call your own attorney please! If you disregard this request, don't be surprised if I answer with "homework question".


I am a U.S. attorney with offices in the United States and Belize. I have experience helping to protect assets, reduce taxes, and improve investment performance by utilizing global investment techniques.

Harvard University, A.B. degree; University of Houston Law Center, J.D. Degree; Fulbright Scholar

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