Legal Question in Immigration Law in New York

A person obtained LPR status through marriage to his US citizen wife. However he was still married to his first wife in his country of citizenship, thus making the second marriage void.
This person was then deported as an LPR due to an aggravated felony conviction. He has since divorced the first wife and has legally married his current wife (a USC) who will be petitioning him.
They have been told that an LPR deported for an aggravated felony cannot apply for any hardship waivers, but since he was not truly an LPR we assume he will be able to apply because he was technically a nonresident. The deportation took place in 2004. We would like to know if we're looking at things properly and any help would be appreciated. Thanks in advance for your time.

Asked on 6/10/14, 6:47 am

Rahul Manchanda, Esq. Manchanda Law Office PLLC

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Please call me at (212) 968-8600. Regards, RDM

Answered on 6/10/14, 9:34 am

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