My partner was caught twice in the country illegally can we still fight his deportation and keep him in the u.s

Asked over 1 year ago - Lawrenceville, GA

My partner was caught twice in this country illegally both times for driving without a license he has no felonys he was first brought into the country by his parents illegally at the age of 13 first time he was deported he was 24 while in Mexico he was threaten by man who are members of a cartel he had to sneak out of his town for safety reasons and then made his way back to the u.s illegally we are not married but we do have two young children who comprehend what is going on and i believe this will cause them psychological harm i also am also affected by this we live and love each other just as if we were married it will be a hardship for me and my kids if they were to deport him again he is the one who financially supports our family and for most the one who makes us whole please help

Additional information

(He has no type of affiliation with the cartel he was being extorted by them demanding money from him which is also why i didn't go to Mexico to marry him out of fear can that be used as a defense??) and also what I would like to know is if there is any type of law that can help him stay in the country for the well being of our sons and if so what would i need to prove that my sons will go threw hardship if their father were to be deported again. He was not punished the first time he was deported they didn't give him a ten year ban can that also be use in his defense??

Attorney answers (4)

  1. Thomas Esparza Jr.

    Pro

    Contributor Level 19

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    Answered . he might be eligible for deferred action if he was under 30 on june 15th of last year. if it has been ten years since he was sent back then he might be eligible for cancellation of removal he is a person of good moral character, and can show extreme hardship to you and the kids. suerte

    The advice that I give in each answer or legal is not intended to take the place of an in person consultation. A... more
  2. Philip Alan Eichorn

    Contributor Level 19

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    Lawyers agree

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    Answered . Best to discuss this in person with a qualified lawyer.

  3. Mark Monaco

    Contributor Level 7

    5

    Lawyers agree

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    Answered . If your partner was ordered deported by an immigration court when he was 24 he has 2 problems. First, automatic reinstatement of the prior order of removal; that is, if he is caught again by immigration they will deport him without giving him a chance to appear in immigration court. Second, re-entering illegally after a prior deportation makes you permanently inadmissible to the US. That means your marrying him and filing a petition will not help him. He might be eligible for something called withholding of removal based on his problem with the cartel. This will get him a work permit but not much else. He really needs to talk over his case with a good lawyer.

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  4. Sidhartha Singh

    Contributor Level 5

    3

    Lawyers agree

    1

    Answered . He is ineligible for deferred action because his deportation at age 24 broke the continuous residence requirement and his re-entry was not as a childhood arrival. You need to consult with an attorney to explore other available options.

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