My boyfriend got deported back in 2008 for a misdemeanor they banned him from the USA for 5-10 years. He came back to the United States within months. I was born here in the US and we now have a 1 year old daughter who was also born in the US. If I marry him will I be able to give him any type of benefits such as his residence or green card.
Sorry, no. Illegal reentry after removal triggered the lifetime bar to admission.
Also, reentry after deportation is a federal offense which is punishable by 5 years incarceration in a federal penitentiary.
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Re-entry after a prior order of removal actually is a criminal offense and can be prosecuted under 8 USC 1326. I would also echo the concern of my colleague that he may have the permanent bar which was triggered when he re-entered the country after an order of removal. He may be eligible for a waiver but that may only be available if he is out of the country for at least 10 years. Seek an excellent immigration attorney who can advise further and determine what your options are. Search Avvo.
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Employment / Labor Attorney
Looks like your boyfriend acquired a permanent bar, by returning to the US after being deported and spending at least 1 year here illegally before being deported. But, I do not know for sure. It all depends on his age and other circumstances.
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