If your husband re-entered illegally after being deported, he is indeed subject to the permanent bar which cannot be waived until e spends 10 years abroad.
The information offered is general in nature and not meant to be relied upon as legal advice. Please consult an attorney prior to making legal decisions. Visit us at www.tunitskylaw.com. Contact us at 713.335.5505 or email at firstname.lastname@example.org. Veronica Tunitsky offers in-person, as well as telephone and email consultations.
I agree with my colleague.
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no there is a permanent bar against his immigrating. Permanent Bar If you have accumulated more than one year of unlawful presence after April 1, 1997, leave the Unites States, then
attempt to enter the country illegally, you are subject to a permanent bar. This is so even if you successfully reentered the United States
illegally. The permanent bar means that you will never be able to reenter the United States legally. A waiver is available only after you have
stayed outside the United States for ten years. If you have been living illegally in the United States for more than one year, you should not
leave and attempt to return illegally.
Deportation If you have been ordered deported by an immigration judge, you are be barred from reentering the United States without
a waiver. You can apply for a waiver of this bar at any time. The waiver is based on certain family members. But if you attempt to reenter the
United States illegally after April 1st, 1997 after being deported, you are subject to a permaneht^bar. The same is true if you are successful
in reentering the United States illegally. There is a waiver available, but only after you have stayed outside the United States for ten years.
Reentry after being ordered deported is a federal felony and carries a sentence of up to two years in jail.
Criminal Penalties In addition to the civil penalties for entering the U.S. illegally, you may end up in jail. These are some of the more
common criminal penalties:
The advice that I give in each answer or legal is not intended to take the place of an in person consultation. A complete answer takes an in depth interview. After all, it is a life that is at stake. If you are in another city that I do not service ask me and I might be able to recommend you an attorney there. In general, in Houston, I recommend Adan Vega or Bruce Coane, Specialists. In Dallas I recommend Richard Fernandez or Yong Wood highly skilled and experienced.