I now we don't exactly know if the reform is passing .... But will it be easier if we just file know .. Or we wait till it passes ... He has no criminal record no DUI ...
Your question is not very clear. It depends on what you mean by caught 2 times. If you mean that he was deported and he returned illegally again then you may have a very tough journey ahead of you. No one can tell you for sure until you talk with an attorney and give her the paperwork and information.
Whether he is eligible for immigration benefits depends on exactly what happened in 2004. An attorney would need to ask you questions to determine whether: 1) he was removed vs. returned, 2) he is 245i, 3) hardship exists for an I-601A waiver, among other things. You would be best advised to make an appointment with an ethical and competent immigration attorney (not a consultant or notario). Best of luck.
Kindly note that this posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Remember, this site is akin to an internet blog. Do not rely on information here to make important decisions in your life. Make an appointment to meet with a licensed attorney in his or her office (or via Skype or phone) to obtain competent personal and professional guidance.
He may be subject to the permanent bar. See an immigration attorney before you decide whether to sponsor him for a green card.
Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
Caught by immigration two times? You have to hire an experienced attorney.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.