My husband was detained at the border three years ago and returned back to Mexico right away. He just recently got picked up by ICE while at work and was returned to Mexico again. I am a United States Citizen and I want to know if there is any way to bring him back? I've been hearing about a permanent Bar or a 10 year Bar?
Yes, that is correct. (Illegal) reentry is a federal offense punishable by up to 5 years in a federal penitentiary if prosecuted (it was not in this instance) and subjects one to the "lifetime (inadmissibility) bar", which means husband now has to remain outside the US for 10 years (and be able to prove it) before can seek to apply for any type of visa to the US.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 23 years of successful immigration law experience. 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.
With the permanent bar, your husband will need to wait 10 years abroad and apply for permission to re-enter. It would have been good had you retained an immigration attorney prior to his unlawful entry because based upon marriage to you he may have been able to re-enter with an IV and a waiver. I nevertheless encourage you to consult with an immigration attorney in person so you understand the options at this point. Best wishes.
Gunda J. Brost Brost Law Office This advice does not form an attorney-client relationship and is merely informative. It should not by itself be relied upon to address a legal concern.
Your husband has a permanent bar as a result of his flagrant and repeated violation of the US federal laws.
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The facts are not completely clear. IF your husband got an expedited removal (deportation order) at the border 3 years ago (or before) or IF he had been in the US unlawfully for more than a year before the most recent (illegal) entry to the US, then his most recent illegal entry (i.e., without inspection) triggered the permanent bar. The only way to get around such permanent bar is to wait outside the US for 10 years because there is no waiver (perdon) for the permanent bar. You should consult with an immigration attorney to go over his immigration records.
DISCLAIMER: The answer provided above is for informational purposes only, should not be relied upon as legal advice, and does not form an attorney-client relationship.
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