my husband is being deported and will probably get the 10 year bar- can i apply for him to come back to the US to be with me (us citizen) and our children (both US citizens)- at any time after or even before the 10 years? he also has an felony charge from 2006
There is a permanent waiver available that cures certain criminal grounds of inadmissibility. You must establish that it will cause you an extreme hardship if he is not permitted to return to the United States. Certain crimes are not waivable, however, which is the reason many have been vague in their answers. Moreover, if your husband is deported he will also need to obtain permission to reapply for admission after deportation.
That being said, depending on the facts of the case, it may be possible to prevent your husband's deportation altogether by applying for a waiver pursuant to an application for adjustment of status ("Green Card") while he remains inside the United States.
You are going to need to speak to a lawyer that is experienced in deportation defense and criminal grounds of removal,
Matthew L. Kolken, Esq.
Kolken & Kolken
135 Delaware Ave., Suite 101
Buffalo, New York 14202
(716) 854-1541 Phone
(716) 854-6223 Fax
Get free answers from experienced attorneys.
24,822 answers this week
2,650 attorneys answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary