How do I find out how long my husband has to remain out of the country after being deported?

Asked over 5 years ago - Aurora, CO

I need to know who do I ask? What would I need to show? I need every bit of information about this situation! To what I don't have a clue, of how to go about any of this. He was told that he only has to stay out for 5 years, from an immigration officer that looked in his file. But I want to make sure that it is true. Also to find out how would we go about getting him some kind of legal status to come back to Colorado.

Additional information

Let me add some more, He was in the country illegally before for a few years not sure how long, but he left for about 3 years and then came back again illegally, which is around when we met up with each other again and he was here for over 9 years. He never had a felony they were DUI's. But he did try to come back again but he was caught, and arrested the judge he had seen did not give him additional charges, I believe they were dropped and he was again removed from the states. But with that he was told by the ICE officer that had checked his file told him he was to stay out for 5 years. The officer even checked with his supervisor to make sure, and they said if that's what it says in his file then thats what it is. So I really don't know if that's true or not and I want to know how would I go about finding out how long it is?

Attorney answers (1)

  1. Catherine Olson Brown

    Pro

    Contributor Level 7

    Answered . If your husband was deported, generally the rule is he cannot come back in for 5 years, counting from when he exited. There are exceptions such as if he was removed as an aggravated felon which would be longer. He may be eligible to come

    The bigger concern is that if he was in the US illegally for 1 year or more, he triggered the 10 year bar upon his exit. There is a waiver available but I would suggest talking to an immigration attorney about this.

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