Hi, I'm a US Citizen , I wanted to petition my husband he is currently in the US, he came to the US in February 2005 , he tried to cross the border 3 times back then he was caught by immigration twice , he got fingerprinted and everything , at his 3rd attempt he crossed the border. I was told by a lawyer that we had no hope, because even if we had a I-130 and the waiver of admission approved , at the time that he leaves to Mexico for visa interview he will be denied under 212(a)(9)(C)(I) and will be grounded for 10 years . I want to know if the information is right , and if anything can be done about it , he did mention about getting his record so we can see if he is on the system , how can I do that , can I do it my self or I need a professional to do it. Thanks for answering .
The information is "right" indeed. Illegal Reentry after previous removal triggers the lifetime "bar" and is a federal offense punishable with up to 5 years in a federal penitentiary. Stick close to your lawyer.
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.
It is not certain that the times he was caught and returned were deportations. If they were not, he may not be subject to a permanent bar. If he was deported, and returned illegally to the U.S., he is barred.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
He will have to stay ourside of US for 10 years before anything can start happening in his case.
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