That's a good question. Returning to the US is reallly difficult after being deported for crime. Much of it depends on obtaining an I-212 waiver for the removal order, and eligibility for a 212(h) waiver based on extreme hardship to a US citizen or legal resident spouse or parent for a crime involving moral turpitude. For some crimes, like drug offenses, there really are no waivers.
Since this is your husband we're talking about, it's important to be as fully informed as possible, and it would be worthwhile for you to meet with an experienced immigration attorney to discuss what options exist, if any.
(415) 871-0714 Legal disclaimer: The statement above is general in nature and should not be deemed legal counsel, as not all factual issues are known. Participants should retain an immigration defense lawyer to review their own legal matter. The information provided does not create an attorney/client relationship.
It depends on the exact statute under which he was convicted.
You need to retain an experienced immigration lawyer to review all the facts and court documents in order to advise you.
J Charles Ferrari
Eng & Nishimura
The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.
That depends on the felony for which he was deported. In all cases, he will need a waiver of the deportation to reenter and depending on the nature of the crime, he may be ineligible to enter at all, or may need a waiver of the offense in order to reenter. If he qualifies for the waiver, he would have to demonstrate that he has a spouse, parent or child who is a citizen or lawful permanent resident and that it will be an extreme hardship on that person if he is not allowed entry.
There are many factors, Be prepared to explain the nature of the crime, the extreme hardship that you would suffer and how did he leave - voluntary departure or at government expense? You need an in person evaluation of this.
Under the guidelines set by AVVO, this response is general information only and not specific legal advice, and no attorney client relationship is formed by this response to your question.