How likely is it to obtain a resident card, if he has previous deportations?

Asked over 1 year ago - College Station, TX

has been in the U.S. since around 1998. has been arrested several times for DWI's. and has been deported twice. he has 2 little boys and a his partner is a U.S. resident.

Attorney answers (3)

  1. Rebecca Saldana

    Contributor Level 12


    Lawyers agree

    Answered . On the facts provided not likely as he could have triggered a permanent bar. My suggestion would be to first file a FOIA request to obtain a copy of his immigration file. Also get copies of the criminal convictions. Once you have this information a qualified immigration attorney will be better informed to discuss options available. If he needs assistance filing out a FOIA request my office can assist for a nominal fee. Good luck!

  2. Geoffrey Alan Hoffman

    Contributor Level 16


    Lawyers agree

    Answered . The issue is a difficult one given the past order(s) of removal especially. A prior order of removal will usually bar adjustment of status with limited exceptions. The criminal arrests are also a concern. He should seek the advice of a competent immigration attorney preferably who is a member of AILA. Visit and search for an attorney. The only other possible issue is whether the "partner" is a spouse or not. It is not clear from your question. If a spouse would be able to file a petition for alien relative at least but not clear from your question whether a live-in partner only or married. Seek advice from AILA attorney.

    No attorney-client relationship is created or implied by this communication in any way. Consult a competent... more
  3. Samuel Patrick Ouya Maina

    Contributor Level 19


    Lawyers agree

    Answered . Not likely. He should consult with an attorney to see f any options are available.

    Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street,... more

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