Can my husband come back to the US if he was was recently deported for overstaying on visa waiver?

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Can my husband come back to the US if he was was recently deported for overstaying on visa waiver?

He has no criminal background. I am a US citizen. Our kids and I have lost everything. His son, also a US citizen, lives in a tent as his mother no longer receives child support, which my husband sent faithfully. Is there anything we can do to get him back to the states?

Asked on January 29, 2012 under Immigration Law, New Mexico

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It really depends on what the conditions of his deportation order were.  If he entered the US on a visa waiver and he was married, how come you never petitioned for his green card since he could have adjusted status within the US?  However, now that he has been deported, depending on how long he had overstayed the visa waiver, he may be barred from reentry for a period of 10 years unless he can show extreme hardship to a US citizen spouse, which is fairly difficult to do in most cases.


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