Deportation, Felony, Reentry Visa, U.S. Citizen Marriage

[Taylor.Elizabeth]

Hello,

My husband was in the United States illegally for four years, and got caught with a false identification, resulting in a class six felony. His identification was solely for driving, he didn't steal anyone's I.D. or impose to be another person. He was detained for five months, while we tried to fight his case, many lawyers assured us they could bond him out, but no luck. He was deported from Arizona, and issued a 10 year ban from United States. I am a US citizen and he is from Guatemala, and we are now married. We have applied for an I-130 form, petition for alien relative, to obtain a non-immigrant visa and eventually obtain a green card. Our lawyer from Arizona informed us we could obtain a visa if we filed for a waiver. Obviously, our hopes are to be able to be back in the United States as soon as possible, living like this is impossible. We have hired two different lawyers, and had advice from two other lawyers, as well as advice and opinions of many other people. I am really looking for a confident answer, if someone reading this has been through this situation or knows advice that could help, we are desperate to know if hr in fact can obtain his visa or if there is something else we need to do, please any advice would be greatly appreciated.

Thank you so much,

Best regards.

[flyingron]

You'll have to listen to the lawyers, there are complex issues here:

1. Did he leave voluntarily (appears not)?
2. What was the stated reason on the deportation (just illegal presence, or did they reference the felony).

The confident answer is that this is not a slam dunk either way. There will need to be shown that his bar isn't for a reason that precludes the waiver and that the citizen spouse would qualify for the hardship provisions.

[Taylor.Elizabeth]

They gave him the option of voluntary departure or deportation, and since he doesn't have a passport, he didn't want to wait and pay the money for a passport, so he just chose deportation. I just was wondering more if there was a good chance of getting a waiver still or if he was going to have to wait the ten years. His deportation papers don't include anything about his felony, only his illegal presence.

Thanks for your fast response, I appreciate all and any help.

Best regards.