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Waiver of eneligibility

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  • Waiver of eneligibility

    Hi,
    I was just wondering if anybody can help me with some questions. My husband was convicted of an aggravated felony in the fourth degree for intent to distribute a controlled substance before we got married. He was deported back to his home country of Mexico. We have two children together and would like to reunite and live in the US together. I am a US citizen by birth. My questions are: 1) Will he be able to file for a waiver of eneligibility? 2) Will he or should he try to petition to reenter the US after deportation? 3) Does he have a chance of ever being here legally? Please respond if you have answers or if you are in the same situation.
    Thanks,
    Sofama

  • #2
    Hi,
    I was just wondering if anybody can help me with some questions. My husband was convicted of an aggravated felony in the fourth degree for intent to distribute a controlled substance before we got married. He was deported back to his home country of Mexico. We have two children together and would like to reunite and live in the US together. I am a US citizen by birth. My questions are: 1) Will he be able to file for a waiver of eneligibility? 2) Will he or should he try to petition to reenter the US after deportation? 3) Does he have a chance of ever being here legally? Please respond if you have answers or if you are in the same situation.
    Thanks,
    Sofama

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    • #3
      Hi Sofama,

      what was the sentence?

      Have you access to his deportation papers? What do they say? reason for deportation? Any numbers and letteres like 234(a)1(b)2? When was he deported? What was his status before the conviction?

      Have you ever applied for him before?

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      • #4
        I'm in a similiar situation. My husband was convicted of aggravated assault/homicide while driving under the influence in 1992. He was incarcerated 2 years/ 1 year probation. At the time of his arrest/conviction, immigration reviewed the charges and issued a "not deporatable/misdeamener," that was before 1996 new regulations ( aggravated felon/deportable)
        I'm not sure about your situation but it doesn't look good. Check answer "NJAttorney."

        Comment


        • #5
          I forgot to mention, my husband is scheduled for marriage interview (adjustment of status) for LPR. Based on new regulations, he is deportable. Maybe he will hire a lawyer to defend him. I'm not sure what his defense, will be. We are separated.
          Wish you luck, keep me posted.

          p.s. Your situation, is different from mine. SORRY!

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