Will we be able to apply for some type of petition FOR my husband?

Asked almost 2 years ago - San Antonio, TX

My husband is in floresville tx.at a facility and has been thier for thea past 3 months,he is being charged with reentry can deportation be prevented we have been married for the past 11 yrs and we have 3 kids together,ages 12,11,& 8

Attorney answers (3)

  1. Carl Michael Shusterman

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    Contributor Level 20

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    Answered . Reentering the US after being deported subjects one to the permanent bar.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Mark Robert Barr

    Contributor Level 16

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    Answered . Was he ordered removed in the past? And then he came back illegally?

    If so, his options would be considerably limited.

    If he has never been ordered deported in the past, then he might have some more attractive options, depending on his past immigration and criminal history.

    Questions you should be prepared to discuss with an immigration attorney in your area, as oon as possible:

    * When, and how, did your husband first enter the U.S.?
    * After his initial entry, did he ever leave the U.S.? If so, under what circumstances? For example, was he deported? Leave under a grant of voluntary departure? Or just decided on his own to leave the U.S.
    * If he did leave the U.S., when, where and how did he return?
    * What is his criminal history? What is yours?
    * What is your immigration status? What is the status of your children?
    * Have either of you been married before? If so, what happened to those marriages?
    * Is your husband afraid of being sent back to his home country? If so, why?
    * Has your husband ever been the victim of a crime in the U.S.? If so, was he cooperative with law enforcement?
    * Has your husband ever lied about his immigration status for any reason? Has he ever used false documents? If so, provide details.

    This is just a start. But I'd encourage you to move quickly, so you can get the in-depth analysis your family needs and deserves as you start to make some critical choices about what to do.

    Good luck.

    Mark

  3. Michael Hugh Carlin

    Contributor Level 19

    Answered . Answered 5 minutes ago. You most definitely need to speak to an immigration attorney with experience in removal and detention issues, and/or a criminal defense attorney. Based on your information, there is no way we could determine whether or not your husband's removal could be prevented. Please contact an attorney in your area as soon as possible.

    (734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of... more

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