He was deported two yrs ago and returned illegally. Our two yr old daughter is now going through counseling to help with her emotional
And anger issues since his incarceration. He also quantifies for a u-visa, but the district attorneys office has previously rejected the papers to sign off... I've also been told that his civil rights have been violated since being arrested...
Any person who is deported and then reenters without prior authorization can have their original order reinstated; ICE can come and arrest him and remove him again. As well, such a person is subject to potential federal criminal penalties for having illegally reentered. The best course of action is to attempt to reopen his original removal proceedings.
When someone is deported from the United States, usually they are given a verbal warning by the immigration judge cautioning them "that if they return without authorization there could be severe consequences". Those consequences could include civil fines, expedited deportation, and possibly prosecution in Federal Court, leading to time in Federal prison. If there is a drug conviction involved, they can spend up to 20 years in Federal prison. From the facts you present, he does not likely qualify for a waiver. However, you could benefit from a consultation with an experienced Immigration Attorney.
I agree with my colleagues.
Additionally, if he qualifies for a U-Visa, it might be worth seeing if any other agency is willing or able to certify his helpfulness in whatever crime he was a victim of. I recommend working with a qualified immigration attorney to try to obtain a U Certification and U-Visa.
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