Legal Question in Immigration Law in Florida

My husband(34 yrs) entered US in 1999.Got married the first time and failed the interview.In 2004 he was arrested by ICE for not having papers.He was released the same day awaiting a judge.In 2006 he was granted voluntary departure based on illegal status(not on marriage).He got divorced and in 2009 I married him and we also have an 8 year old son.Me and our son are US citizens.In 2009 he was also arrested by ICE for failure to depart in 2006.He was detained and then deported.My family(me and my son)are suffering and I would like to have him back.Is there a way we can join as a family again in the US soon even though he is barred from the US for 10 years?

ps:His first marriage was a bonafide marriage and so is this one.He was deported based on failure to voluntary depart the US.


Asked on 10/06/09, 2:52 pm

2 Answers from Attorneys
Michael Snytkin Azam Snytkin, P.A.

You may be able to petition for him based on a hardship waiver under INA section 212. Proving hardship, however, can be extremely difficult because of the high standard of proof. You should consult with an experienced immigration attorney who can evaluate your documents to see if you fall under one of the limited exceptions under the INA.

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Answered on 10/06/09, 3:07 pm
Michael Harris Law Offices of Kravitz and Guerra, P.A.

It sounds like he doesn't have any other criminal violations in the past? Please confirm. Otherwise, seeking a hardship waiver can be accomplished, but it will require intensive review of your relationship with him. If you are in the Miami area and would like to discuss the matter with my law firm, please contact me for more information.

Sincerely,

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Answered on 10/07/09, 12:12 pm


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