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Readmission to US after Deportation on basis of Marriage

New York, NY |

my husband is being deported and will probably get the 10 year bar- can i apply for him to come back to the US to be with me (us citizen) and our children (both US citizens)- at any time after or even before the 10 years? he also has an felony charge from 2006

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Attorney answers 5


Yes, he can apply for a nonimmigrant visa waiver, to come to the U.S. on a visit.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.


need to know why he is being deported and need to know more about the 2006 felony. I highly recommend that you schedule a consultation with an experienced attorney to discuss the facts of your husband's case.

This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.


It is possible but it all depends on the reason for his deportation, what kind of felony and if he was convicted.


What is the reason for his deportation? His conviction? When you say felony what exactly was he convicted for? Speak to an attorney in person. Good Luck!



2006 felony was "criminal sale of a dangerous drug 4th degree"- his legal aid told him to plead guilty and be done with the case- we filed a 440 motion on ineffective counsel- got denied- we did an appeal with the appealate division- got denied- he had a deprotation order from 2007 that we didnt know about- removal in absentia- we filed a motion to reopen- got denied- we did an appeal- got denied- did another appeal got denied


There is a permanent waiver available that cures certain criminal grounds of inadmissibility. You must establish that it will cause you an extreme hardship if he is not permitted to return to the United States. Certain crimes are not waivable, however, which is the reason many have been vague in their answers. Moreover, if your husband is deported he will also need to obtain permission to reapply for admission after deportation.

That being said, depending on the facts of the case, it may be possible to prevent your husband's deportation altogether by applying for a waiver pursuant to an application for adjustment of status ("Green Card") while he remains inside the United States.

You are going to need to speak to a lawyer that is experienced in deportation defense and criminal grounds of removal,

Matthew L. Kolken, Esq.
Kolken & Kolken
135 Delaware Ave., Suite 101
Buffalo, New York 14202
(716) 854-1541 Phone
(716) 854-6223 Fax