Skip to main content


New York, NY |

My boyfriend got deported back in 2008 for a misdemeanor they banned him from the USA for 5-10 years. He came back to the United States within months. I was born here in the US and we now have a 1 year old daughter who was also born in the US. If I marry him will I be able to give him any type of benefits such as his residence or green card.

+ Read More

Attorney answers 3


Sorry, no. Illegal reentry after removal triggered the lifetime bar to admission.

Also, reentry after deportation is a federal offense which is punishable by 5 years incarceration in a federal penitentiary.

Behar Intl. Counsel 619.234.5962 Kindly be advised that 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.

Alexander Joseph Segal

Alexander Joseph Segal


it is interesting how some people rush to answer questions after you or me. I always wonder why :)


Re-entry after a prior order of removal actually is a criminal offense and can be prosecuted under 8 USC 1326. I would also echo the concern of my colleague that he may have the permanent bar which was triggered when he re-entered the country after an order of removal. He may be eligible for a waiver but that may only be available if he is out of the country for at least 10 years. Seek an excellent immigration attorney who can advise further and determine what your options are. Search Avvo.

No attorney-client relationship is created or implied by this communication. To contact this attorney see his profile; attorney number: 281-733-2875.


Looks like your boyfriend acquired a permanent bar, by returning to the US after being deported and spending at least 1 year here illegally before being deported. But, I do not know for sure. It all depends on his age and other circumstances.

Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova , New York Immigration Attorney Blog:

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer