What can I do to avoid my husbands deportation?

San Diego, CA Viewed 46 times. Posted 6 months ago in Immigration

My husband and I have been married ten years, we have 4 children all born here, I was born and raised in Wash. My husband is a mexican citizen. In 2001 we were in the process of getting his greencard and he crossed the border, he wasn't yet fluent in english and he said he was married to a u.s. citizen the border gaurd was awful and he sent him to secondary stating that my husband said he was a u.s. citizen. A woman was nice and said it was a misunderstanding and let him cross back to the u.s. when we went to our interview it was on his record and they took everything away. They wrote us a letter stating that he can no longer work here. We went to a lawyer in 2003 and he said there was nothing we could do, we also went to the immigration supervisor with no prevail What can we do?

Answers (1)

Scott Douglas Devore

This attorney is licensed in Florida. Posted 6 months ago.

Unfortunately this is rather common. Prior to 1996 a false claim to US citizenship could be waived. After 1996 it is not waivable except for the most limited circumstances of which your husband does not qualify. My suggestion would be to obtain a copy of your husband's alien file from USCIS. In there should be what the goverment is relying on. Even if the government thinks your husband is inadmissible they still need to adjudicate the I-130 that you filed for him. The issue can then be addressed either before USCIS or if they denied your husband's I-485 (assuming he was eligible to file one) before the immigration judge in removal proceedings. Seems a bit funny that the government would allow him to enter the US after making a false claim to US citizenship. The fact that they did this leads me to believe that there is truth to your story and that USCIS is making a mistake. Sometimes pointing out small facts like this can make a difference.