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Illegal immigrant from Guatemala here in usa for 15 years deported because found out he lied trying to gain amesty by ....

Aurora, CO |

claiming he was San Salvador, which feds were offering for those from the country. He had had his own business and married 3 years ago to a us citizen with her own children, not, his how long before he could return?

The illegal immigrant was here in usa 15 years without any paperwork, he never had any passport, green card, or legal permanent residence. What can he do? Will he ever be able to get back in? His wife(us citizen) was working in his business here with his family members who are permanent residence. So without his income it will make it tough, although she was in the banking industry before working for him, I guess she could go back and get a better paying job there? When he left the usa it was voluntarily. He left July of 2009.

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Attorney answers 1


Perhaps, he can't! We need more information. The El Savador program was not an amnesty. It was NACARA. If his lawful permanent resident status was rescinded, because he lied, and he was ordered deported, then he may have a permanent bar to immigration. This bar is based upon Section 212(a)(6)(C)(i). Whether he can somehow obtain a waiver of the permanent bar depends upon whether his U.S. Citizen Wife can prove that she will suffer extreme hardship with enough evidence.

If his wife can live with him in Guatemala, merely with the suffering occasioned by someone whose spouse was deported, then this may not be enough. The fact that this is a permanent bar may allow more reasonable evaluation of the future hardship that she will likely suffer. However, there are other concerns.

Has he ever returned to the U.S after a deportation order? Did the DHS have to deport him, because he refused to leave on his own? If so, either of these facts can create complicate, delay or prevent his return.

His wife should contact a very experienced immigration attorney.

The above is general information and does not create an attorney-client relationship.

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