My husband was deported twice.I came wo live with hime in honduras in 2010.We have been here two years and have four american citizen children.We filed our I-130 Sept.2011 and it was approved in Febuary 2012.We have recieved our appt date.It is June 20.In our situation is there a chance we can file a waiver we can prove extreme hardship.We live in a very poor part of Honduras and my daughter was born with a tumor.They do not speak spanish very well.They have missed proper schooling.They need to get to the doctors in the US for shots.I do not trust the doctors here that why we havent went here and it is very dirty and shockingly very costly.I have a 2 month old that I had to go to the US and deliver via c-section.He has no felonies only trouble ever in is just being illegal.
I already answered this. This is what was written.
If his removal order was reinstated, then he cannot even succeed in an application to apply for advanced permission for ten years. The issue with the daughter will not help.
If he came back after he was deported, then he committed a Federal Crime called unlawful re-entry. The Federal Government had the right to convict him for a crime, but chose not to do so. He was unlawfully present, then committed unlawful re-entry.
Contraband and drugs are illegal. No human is "illegal" as a matter of law.
If you are in doubt, then I strongly recommend an appointment or Skype Teleconference with a competent and experienced immigration attorney. You can contact our office, among others on avvo.com for legal advice. We need to review the paperwork to best explain it to you and your husband.
This is general information, not legal advice, and does not create an attorney client relationship.
See the answer to your other posting.
Law Office of Luis A. Guerra (954) 434-5800. This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.
Unfortunately, hardship to your kids counts only to the extent it brings hardship upon you, as a spouse. Since your husband has been previously deported, he will have to seek two waivers - one for unlawful presence and one for prior deportation.
Getting your waiver prepared is not impossible, but you should keep in mind that you have to satisfy both prongs of the test, I.e. that you will suffer hardship if you remain in Honduras with your husband and if you return to the US without him.
Nothing in this post shall be construed as a legal advice. If you need advice regarding your particular situation, please contact my office directly. This information is transferred without an intent to creat an attorney-client relationship.
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