My husband's violation was merely an immigration violation, not a criminal offense. He has a withholding of removal status and has been in the country for almost 10 years now with no other legal problems. We have a 7 year old daughter and I'm scared that he may be deported now that Obama is normalizing relations with Cuba. My husband checks in with ICE once a year and his next appointment is in January 2015... so scary!! On one of his previous check-ins, the INS officer told him that he should try to apply for residency to see if he gets approved. We were always skeptical of doing this, because obviously he had already been told he wasn't going to be given residency due to the way in which he entered the U.S. He wasn't eligible for pardons usually given to those married to US citizens.
Please don't be scared. Instead now is a good time to have a conversation with an immigration attorney about how what you call pardons - the waivers - have changed in the last couple of years, and how also he is eligible for the new "DAPA" deferred action. You probably became quite expert back when he went through court, but you need to get informed about new opportunities that may be available. Stay safe.
Contact a local immigration attorney for a consultation. Have your papers reviewed in light of new immigration laws and policy. Do be scared, good things are just around the corner.
Under Cuban Adjustment Act there is a relief but not sure if he meets the requirement. Moreover, illegal entry alone should not prevent him from receiving hos green card through waiver of hardship. Additionally, he appears to be qualified under "DAPA" and if you really want to press me for more answer to your question, there is another way your husband could become resident. Best to consult with an experience immigration attorney. Good luck and let us know should you need our assistance.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,nor should it be viewed as establishing an attorney client relationship of any kind.
There are some missing facts here, but it appears that your husband may have entered the United States unlawfully and was therefore considered ineligible for adjustment of status under the Cuban Adjustment Act. The fact that he has been ordered removed and granted withholding of removal is indicative of the fact that there is a history to his case that needs to be evaluated before any appropriate advice can be provided.
Consult with a Board Certified Immigration attorney who can review the facts of your husbands case, address your concerns, and offer recommendations on the best way to proceed.
While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Review Mr. Devore's Avvo Profile for more information about his expertise in immigration law and how to contact him to discuss your case.
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