Immigration Issues/Illegal Husband

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Question
Hello, I got married in 2005 and filed the I-130 petition for my husband. I am a US Citizen and he is here illegal. Before he came in 2005, he got deported (voluntary) 4 times. My question is, Is he still eligible for a hardship waiver if we have 2 businesses and a child together? We also own real estate. I have been told that he does not qualify and that he would just have the 10 year. permanent bar. Is that true or are there ways around that? Right now we are just waiting for his interview appointment in Cd. Juarez. What do you recommend?

Answer
Did he have voluntary departure orders or deport orders? If he had coluntary departure orders, did he leave by the time ordered?

If he had any deportation orders, he will need 2 waivers. 1 for the deport order and 1 for the illegal presence bar.

The law is written quirky and the hardship to your child does not count. It only matters in the sense of the hardship to you in rasing the child alone. Economic reasons like businesses do not carry much weight.

You have a tough decision to make. I can not guarantee he would be approved for a waiver. On the other hand, I doubt any future immigration laws are going to help soneone with a deportation order and it  is very hard to reopen the deportation proceedings, especially for someone who may have multiple orders.

If you can live with the possibility that he may not come back for 10 years, it may be his best option. Otherwise, he may have to live the rest of his life here illegally and looking over his shoulder to stay ahead of Immigration.

Regards,

Robert

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