He will need to apply for permission to return to the US.
You need to retain an attorney for this, if you want to have a decent chance of success.
The statement above is general in nature, 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.
Since your husband was previously deported he is inadmissible to the U.S. for at least 10 years. He will require a waiver to waive the remaining portion of the inadmissibility period before he would be allowed to enter the U.S. Additionally, his criminal record may affect his ability to return to the U.S. as well. Consult with an experienced immigration attorney who can review the facts of the case and advise you what to expect.
While written by an attorney who is a Florida Bar Certified Specialist in Immigration and Nationality Law, the statements herein should not be construed as legal advice. No attorney/client relationship has been created without a formal consultation with the attorney and the attorney has agreed to accept your case.
To properly advise you we would need to look at both the deportation order and the underlying criminal records to see what he was convicted of. We will also need to be assured that he has not returned to the U.S. after accumulating unlawful presence in the U.S. or after being deported.
If eligible then you can petition for him to obtain an immigrant visa. He will also require a waiver because of the criminal conviction and deportation. If you woudl like our assistance on this, contact my office for an appointment and we can advise in more detail on the procedures and fees and timing.
Lynne R. Feldman, Attorney at Law
Concentrating in Immigration and Nationality Law
2221 Camino Del Rio South, Suite 201
San Diego, CA 92108
phone: (619) 299-9600, facsimile: (619) 923-3277
Formerly Adjunct Professor -- Immigration law
University of Illinois College of Law
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