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My Husband tried entering the U.S illegally in 2005 and got caugh, he re-entered, can he obtain Citizenship?

Whittier, CA |

My husband tried entering the U.S twice in 2005, was caught both times and finger printed by immigration. He re-entered the U.S in January 2005. We got married March 2005. We have two little boys, a 3yr old and a 5 yr old. I am a U.S citizen who is currently teaching middle schooled tudents. Will my huband be able to obtain citizenship?

Attorney Answers 4


  1. That's a tough scenario as the government takes a harsh stand on those who demonstrate repeated disregard for immigration laws (by trying to enter the us illegally multiple times).

    You will need to have an attorney assess not only the periods of time your hubby spent in the us, but each of the times he tried to enter and whether he was actually deported or fingerprinted and released. For that you'll need to get q copy of your husband's immigration file from border patrol (under the freedom if information act) and a copy of his FBI background check.

    You should consider retaining an attorney to help you. My firm handles such cases and I represent clients nationally.

    The information offered is general in nature and not meant to be relied upon as legal advice. Please consult an attorney prior to making legal decisions. Visit us at www.tunitskylaw.com. Contact us at 713.335.5505 or email at veronica@tunitskylaw.com. Veronica Tunitsky offers in-person, as well as telephone and email consultations.


  2. I agree, that is a difficult question to answer, the immigration file as stated would be needed.

    I am an Arizona attorney. AVVO does not pay us for our responses. Simply because I responded to your question does not mean I am your attorney. In Arizona a non-lawyer is held to the same standards as an attorney so there are dangers to representing yourself. This is for informational purposes only and should not be considered as legal advice. If you require legal assistance an in depth discussion of your case is needed as there are many other issues to consider such as defenses, statute of limitations, etc.


  3. No. Reentering after even one deporation is considered a federal offense and is punishable by 5 years incarceration in a federal penitentiary (7 years in Utah.)
    I urge you to retain a lawyer in your area to examine your husband's case, obtain a copy of his record from both DHS and FBI and see what can be done. You will need to submit at least 2 Waivers of Extreme Hardship..

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  4. Not unless something in his immigration record can be changed. This is unlikely but not impossible.

    Confidential information should not be disclosed in this Internet forum. I am a Wisconsin lawyer. The laws in each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes.

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