Immigration Issues/deportation

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Question
god day sir!

im sheila 26 yr old and married for 2 yrs
to a former immigrant in the US who was deported in
1998.he was jailed for 13 months prior to his
deportation because of accessory in gang  robery.he told me
he can go back there 10 yrs after the deportation,but
his mother said he couldnt anymore..which is which?
both of his parents are citizen there..

another problem is, i am a graduating nursing student
and as a typical filipino, dreamt of goin to US. can
his condition affect my future visa application?

thanks for your time and i do appraciate your advise in
this matter.


Answer
I believe he will never be allowed to legally enter the USA.  

Are you currently in the USA or in the Philipines?

First he was deported, so he must wait 5 years before applying.  If he was illegally in the USA, he would be further barred for 10 years, unless you petition for him once you become a US citizen, and then the 10 year period is waived.  Your marriage will be difficult to prove if you live here and he lives there.  After 5 years, why would you still want to be married to this man?????  It is a hard question to answer and one that makes no sense.  I suspect the visa would be denied since after 5 years there is no valid relationship.

Finally, even if the visa is approved after him waiting for 5 years or 10 years if someone else petitioning for him (and you waiting for 5 or 10 years????), he is excludable because of his violent criminal activity.  He would only allowed in if you could prove it would be a hardship on you for him to be absent (after you become a US citizen and petiion for him).  This will be difficult since in reality your life is probably much better without him, and if someone else is petitioning for him, it will be just about impossible.

As for your marriage to him affecting your chance, it is a strong negative.  It is very unlikely you will ever get a visa as long as you are married to him since there is a possibility that once you become a citizen you could petition for him.  The USA does not want people like your husband back in the country, so they would probably reject your visa application because you are married to him.

I know this all sounds very mean and harsh, but you are the one in the middle.  Best of luck.

Immigration Issues

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Alexander J. Hay

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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".

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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.

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

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