Legal Question in Immigration Law in Texas

Hello, my husband was deported 3 going on 4 years ago and was given the 10 yr. bar. He has no criminal background and was his first time in the U.S. He was about 16 years old when he entered and was in the U.S for 5 years. I am a U.S Citizen and would like to know if I there's any way I can get him a Permanent Residence card without having to wait the 10 years? He has not entered or tried to enter the U.S since he was deported he has been in Mexico since then. Many lawyers have told me he will have to wait and that the only way for it is to prove extreme hardship but that i do not have the "qualifications" to prove it! All of my family is in the U.S and I am very desperate to have him back in the U.S. Any information will help! Thanks in advance!!

Asked on 3/18/15, 2:05 pm

2 Answers from Attorneys

Philip Eichorn Hammond Law Group

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First, more information is needed to determine whether or not your husband has a ten year bar or a permanent bar that requires waiting ten years before applying for permission to reapply. The issue is that a person who enters unlawfully and is here for more than one year and then departs and attempts to reenter or does reenter is permanently inadmissible (but can apply after ten years for permission to reapply for admission). If he entered only once and was ordered removed and there are no other issues, then you can use the I-212/I-601 combo to attempt to bring him back now rather than waiting. We recently won a case such as this and the person is processing through the consulate in El Salvador.

Second, lawyers statements that they don't believe you will meet the legal test of "extreme hardship" necessary to win the waivers noted above is different. Extreme hardship is difficult to quantify and is viewed in the totality of the circumstances. All of the bad things in your life can aggregate to extreme hardship but you have to open with your lawyers and tell them everything and let them weave the story to present your case in the light most favorable to you.

Answered on 3/19/15, 6:31 am

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