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Can I do one of the new waivers for my husband?

Dallas, TX |

I am a US citizen and been married almost 18 years. My husband came to the U.S. in about 1995 or 1996 and then in 1996 or 1997 the neighbor called the police on him for loud music and he got arrested, put on an ICE hold, and deported. He thinks he signed something but never saw a judge and we don't have none of the papers now. He came back a month later and never had any other problems with immigration. Just a couple of tickets that were paid. We have been saving money for years and now we are ready to file for his green card.

Attorney Answers 3


  1. depends on what happened a long time ago when he signed that "something". retain an attorney. I would recommend obtaining his entire immigration file and then a decision can be made as to how to further proceed

    This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.


  2. He will not be eligible for the provisional stateside waiver if he was actually deported, or if he was in the country unlawfully for more than a year, from April 1, 1997 to the time he departed.


  3. No. His deportation and return to the US stand in the way.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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