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?
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.
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I agree, that is a difficult question to answer, the immigration file as stated would be needed.
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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.
Criminal Defense Attorney
Not unless something in his immigration record can be changed. This is unlikely but not impossible.
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