Legal Question in Immigration Law in Minnesota

Yes, if he came on a Visa Waiver program 2 years ago and overstayed, and you've never petitioned for him - it's very likely that he will be either deported (removed) to Spain or can be granted voluntary departure to Spain.

You can petition for him, and when he is in Spain, he will need to apply for a waiver of inadmissibility as well.

If you would like to schedule a legal consultation, please contact me at Attorney [@] law-visa-usa.com

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My office is located in Minnesota. The law is against you in this matter as one generally waives his right to contest deportation when entering under the visa waiver program (VWP). Nevertheless, if voluntary departure is not something you wish to entertain, then you might choose to fight the case in court and let a judge decide.

Vincent Martin

www.ImmigrationLawyerMN.com

If you file the I-130 petition for your husband immediately, you may be able to terminate or administratively close removal proceedings and if successful the USCIS would have jurisdiction enabling your husband to remain in the United States while applying for his permanent lawful residence.