You should retain an experienced immigration lawyer to review all the facts and advise you on what needs to be done. It is likely that your husband will need waivers.
J Charles Ferrari
Eng & Nishimura
The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.
This is a case where you need to consult with an experience immigration attorney and tell them all of the facts so that they can make a careful evaluation as to what, if any, options are available to you.
My cleeagues are accurate in their comments. You need to retain an experienced immigration attorney who can examine the complete immigration history of your husband and provide a legal opinion. Be careful of using a notario who will promise to fix his papers to be able to get back to the US but will only steal your money and make false promises. Good luck.
Legal disclaimer: The statement above is provided by CC Abbott is based on general assistance and not intended to be a legal opinion because not all the facts are provided. The person requesting information and all others reading the answer should retain an attorney who is permitted by the state bar within the jurisdiction who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by CC Abbott does not create an attorney/client relationship within any state of Federal law.
How best to proceed can only be determined after a review of your husband's case. Consult with an experienced immigration attorney for case specific advice.
While written by an attorney who is a Florida Bar Certified Specialist in Immigration and Nationality Law, the statements herein should not be construed as legal advice. No attorney/client relationship has been created without a formal consultation with the attorney and the attorney has agreed to accept your case.
i agree you need to consult with an immigration attorney before he leaves. If he will need a waiver to return it is always best to have him included in the psychosocial background interviews with a social worker and this is easier to do in person. Impossible to advise you on the process without knowing the full immigration and criminal hisotry for him and any equities to support a waiver if requried.
Lynne R. Feldman, Attorney at Law
Concentrating in Immigration and Nationality Law
2221 Camino Del Rio South, Suite 201
San Diego, CA 92108
phone: (619) 299-9600, facsimile: (619) 923-3277
Formerly Adjunct Professor -- Immigration law
University of Illinois College of Law
Your explanation is too simple for a very good answer. I can state you need immediatel legal counsel to determine if the matter can be reopened or your husband must depart and try to come back through what is called consulate processing. In the absence of more information, I'd just be speculating as to what happened and what are the possible solutions.