Dhs came to our home and got my fiancé they said he has a deportation order from 1992. They wanted to see his green card which I gave them. They then told me he has two alien numbers and one has a deportation order that is not the a number that is on his current Lpr card. They said they have two files on him and neither show where he was approved. We met in 1996 and during a move his card was lost so we went to Atlanta ga and they gave him another one in 1998 he has gotten that card renewed again in 2009 he has gotten his son legal thru him and we have been to Mexico on that card and now Dhs said the card was issued in error. we have a 9 year old and are buying out first home. How could this happen. He got a 3rd DUI 3 years ago so it became a felony that is how he came under their radar.
A green card holder can lose their right to stay in the US at any time. It looks like he has a couple of problems that could lead to deportation. First, the alleged green card that was issued in error. That will have to be cleared up by looking back at the 1992 deportation proceedings and trying to establish his identity. Was he the one with the deportation order from 1992 or is this a case of mistaken identity? Second, even if you clear up the first problem, the 3rd DUI may be enough to have him deported in and of itself. The only way to avoid deportation based on the felony DUI is to ask for a waiver, file a request for cancellation of removal, or contest the deportation based on the DUI not being a deportable offense. It is hard to say if any of those would work. Even if those failed, you could still ask DHS to exercise prosecutorial discretion and not prosecute the case, but that would be up to DHS and not an immigration judge. His case should be in the Immigration Court (EOIR) in either Memphis or New Orleans. It is important that he appear for any hearings in the court because the court can deal with your case whether you are there or not as long as you have notice of the hearing in Immigration Court. Please contact an attorney to help you with the Immigration Court proceedings as they are quite complicated.
This is not unusual. You did not say if your fiance admitted to being the individual who was deported. If he is, he has serious problems trying to return to the USA. If there's a wrong identity then this can be cleared up and he may be able to voluntarily depart and return to the USA with consular waivers - if granted by them. See an experienced immigration lawyer. Good luck.
You mentioned in one of your responses that a motion to reopen has been filed regarding the 1992 deportation order, which you assert was issued in absentia. It is in your best interest to consult the attorney who filed the motion to reopen, as that person is fully aware of the intricate details of your fiance's case. Additionally, you mentioned that the two of you have a nine-year-old son, but up to now, are currently not married. If you are a US citizen, it would help your husband's case if the two of you were to marry. Further, if the motion to reopen is granted, based on the lack of notice issue, then your fiance's prior deportation order would be rescinded; but an attorney will still need to deal with the issue of the 3 DUI's. There is the issue of a 212 waiver, but, as a green card holder, he would be required to leave the country, and apply for the waiver upon reentry, to my knowledge.
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