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How can my husband NOT get deported?

Austell, GA |

I am a US Citizen and married. my husband is currently illegal and came illegally to the country from mexico. we have been married almost 10 months but i have not filed a petition for him yet. He has previous tickets for driving without a license and speeding. He was arrested and taken to austell jail then transferred to cobb county (october 2010). He was recently given another ticket at a checkpoint (january 2013) and he has to pay 1400 for the ticket plus ten days of jail at cobb county. Is there any way to avoid him getting deported if we are married by filing a petition. He did not finish school but wants to and he wants to enlist to serve the country. Would enlisting in the army help in any way?

I am 19 college student. He is 20.

Attorney Answers 4

  1. Best answer

    Like others have mentioned, this is a case where an attorney would benefit you. Your husband may have various options but they depend on his facts. There are some issues that will need to be looked at like possible border detentions, length of time in the US, crimes, etc.

  2. You should really consider consulting with an attorney because your husband may have different options in this case. He could qualify for different forms of relief before an immigration judge, such as a U visa (if he was ever the victim of a crime), through a petition submitted by you and an application for a waiver of inadmissibility for entering the United States illegally, cancellation of removal (more than 10 years in the United States and his US citizen or lawful permanent resident parents, spouse, &/or children would suffer exceptional and extremely unusual hardship), etc.

    Since there are so many possibilities in his case, you need to talk to an immigration attorney to determine which is the best option for your husband's case. Good luck with everything!

  3. His tickets are not a good thing.

    If he is less than 31 .. there is a chance ... or, if he has been in the US for more than 10 years, their might be a chance.

    Now is the time to pay an immigration lawyer for a consultation.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

  4. Regardless of the tickets, if illegal means he has barged through the US border without having been inspected, that petition will have to be consulate processed from outside of the US.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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