Legal Question in Immigration Law in Ohio

My ex husband was here illegally, he had overstayed a visa. After two years together I got pregnant. Right around that time he got pulled over and arrested for driving without a license. Got placed on and ICE hold and then got a letter to go see the judge in November of 2009...I had our daughter in September of 2009 and had severe PPD and in desperation and without thinking it through clearly we got married and I filed for him in November about 20 days before his hearing. We went to see the judge and told him our plans and he okay'd it and we went on our way. My PPD was left untreated due to the fact that we could not afford for me to get put on medication. A month letter my PPD was really bad and I couldn't distinguish between my real feelings and my depression and I ended up leaving him and divorcing him. I cancelled the petition and in my depression I sent a letter to the judge saying that I wanted him sent back and that I was scared for the safety of my daughter...I did this because in his anger and confusion he had said some things he didn't mean. Well, to make a long story short, I ended up getting medication and got myself back to normal...we started talking again but It was too late...he'd already received a letter from Immigration ordering him to leave the country. He left in December of 2010 and I would love a second chance with this man. IF we wanted to get back together in say...3-4 years when I got my degree and we both had time to consider what we really want...would I be able to do so any way? I would be willing to travel to his country (Guatemala) and marry him there and bring him back if that would be an option. I'm unsure as to what I can do because 1. He's already been ordered to leave 2. I don't know what kind of bar he might have preventing him to come back 3. I don't know what the judge will say given that I sent that letter and petitioned for him once before.

Thanks!


Asked on 1/15/11, 7:25 pm

1 Answer from Attorneys
Brian D. Lerner Law Offices of Brian D. Lerner, A Professional Corporation

Hello:

It is unclear if he actually left and whether he got voluntary departure or a deportation order. Either way, there are ways to bring him back or to reopen the current case. Please contact me for more information.

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Answered on 1/21/11, 3:41 am


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