Legal Question in Immigration Law in California

Re: Illegal Re-Entry

It depends on whether he was given voluntary departure or deported the first time.

Legalizing him may also require a waiver unless he qualifies under INA 245(i).

You may want to take a look here for further information:

http://www.msclaw.com/What_are_the_lega_requirementsGC.html

Re: Illegal Re-Entry

If he did not receive a formal deportation (removal) order from an Immigration Judge then it is not "illegal reentry" as that term refers to the specific crime of reentering illegally after a deportation or removal . A lot of people are just sent back at the border by the Border Patrol without going in front of a judge, so exactly that may have happened with your husband. You should ask him, and he should know.

Even if it's not the technical "illegal reentry", he did enter the U.S. illegally the next day, so this could very well be the thing that will prevent him from adjusting his status through you (if you're a citizen), unless the petition was filed by April 30, 2001. You should consult with an experienced lawyer as this could be problematic.

Larry L. Doan, Esq.

Note: The above response is provided for information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.

Re: Illegal Re-Entry

Yes you can fix this problem, if you are in Southern California contact my office.

Re: Illegal Re-Entry

It depends on whether the Border Patrol ordered him deported, released him with no record, or gave him a voluntary departure order. Also, relative to the second entry, as it was undocumented, he is ineligible to adjust status in the U.S. unless he was petitioned under 245(i) - i.e., before 4/30/2001 (with an I-130, I-140 or labor certification ETA-750 A and B (at that time). If not, then assuming he is eligible to immigrate with an interview abroad instead of within the U.S., he would need a waiver of inadmissibility for the lengthy illegal stay and entry.

For more information, write to me at [email protected] or check me out at http://www.yardum-hunter.com.

Sincerely,

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization