My husband was brought here illegally by his parents when he was young. We met and married in 1986 and had a child in 1987. Between the time that we married and had our first child my husband was caught with a small amount of cocaine and got a misdemeanor, but was caught a second time within a short period of time. The first trial was hung and the second trial he was found guilty and given a felony charge. We had two more children. We tried getting him the workers amnesty, but he was short by a few hours. In the meantime because of his drug use I divorced him and he got deported.
He stayed gone for seven years because someone told him that the felony charge would drop after seven years. When he came back he was different and we remarried in 2003. We went to a lawyer and he told us that was not true. Within a year my husband went to visit his sister in California and obtain seasonal work. While there he was detained and deported again.
My question is because we still love each other and are still legally married. Is there anyway that he can come back from Mexico legally even with his felony charge?
We are in our 40’s now and would love to be able to settle down together without all the problems. What should we do?
You will need to consult an attorney experienced in the field. It all depends on the type of felony. There is waiver of convictions for certain crimes that are more than 15 years old, and also there is a hardship waiver. Being deported twice however, is not good when you are asking the US government to exercise discretion.