Married to Illegal Alien Who Entered After Deportation

my husband entered illegaly from MX was caught and was voluntary deported back in 2004 (fingerprinted and all). He then re-entered illegally again. I have been married for 3 years -We just had a daughter she is 6months. We have plenty of proof that are marriage is legit. We had the I-130 approved and now we have submitted the I-485 AOS. Our lawyers states he has an 85% chance of being accepted but he has to go back to MX to process. Do you guys think he has a chance? Or is the lawyer just keeping our hopes us that way we can keep paying his fee of 3995. Anyone had a similar situation?

The best person to assess his chances is your lawyer.

If you got the I-130 approved on those facts, he must be doing something right.

First of all thank you for anwering -I was hoping I would hear from you. You give very good advice. Whats the deal with if they entered illegaly and overstayed their chances are near to none? So if he leaves to process you think he has a chance? I think we have been doing a lot that is right-we have done our taxes together since 06-3yrs now. He has no criminal background either.

If you enter illegally after being deported, you are subject to lifetime ineligibility to reenter the United States. If your lawyer is getting you past that hurdle, he's doing something right.

You know I have a slight feeling that his fingerprints (paperwork) were not processed when he got caught. I have a friend who is a border patrol agent-althoght not right he stated that sometimes back in the day or when they feel like it they do not do the report and just trash the fingerprints-he says that just scares them into thinking they have been processed. I wonder if that could be the case.
Also when he got fingerprinted for his I-130 "no arrests" came back for his background -would a voluntary deportation come up on it too if he had one on file?

If he had voluntary departure on his record, that means that he must've had been fingerprinted by Immigration, and yes that would be on his file, and any other fingerprints he puts in the USA would "meet up" with the Volun. Depart. fingerprints, and then the proof comes out in the pudding.

Mr. Know it all...not necessarily a lifetime ban. If the immigrant was convicted of crimes of moral turpitude, maybe a lifetime ban would apply. But usually someone who enters illegally the USA after 1 deportation and is caught, would be subject to anywhere between 10 and 20 years of bar. Now, if he re-enters illegally after having been deported 2 times, he would ultimately be deported after being given a lifetime bar....but he'd probably have to do Federal time before getting deported and eternally barred.

Thanks-yes you're right. I was in the wrong forum. Thanks to my lawyer keeping me in the dark and telling me it would be a simple process. Which I just fired by the way.

Anyone in the same boat as me go to Family based Immigration and click on 601 waivers that is where you will get your answers and meet thousands of people in the same boat as us.

For now I am stalling on the process and hoping for the almost impossible (an immigration reform) Hope they lift that 10 yr ban on deportees.

If your husband was caught at the border on his way in, and if they didn't find any fraudulent papers on him (like someone else's visa or Green Card), then they probably just fingerprinted him, put him on a bus and shipped him back to the other side of the border. That's a different kind of deportation. It's called a voluntary/expedited deportation. NOT to be confused w/ voluntary departure (which is a whole different issue, not applicable to you).

If your husband was voluntarily expedited back to Mexico, then it IS possible (but not guaranteed) that your husband could get the waiver approved once he's back in Mexico and has his interview at the border.

I helped a lady do her papers in the exact same situation, and I told her before she went back to Mexico that there is a chance that she may not get approved because Immigration does, in fact, have record of her attempted entry, and then obviously she re-entered and didn't get caught the 2nd time. She said she understood, but still went through w/ the process.

Since she is married and has 2 kids, and her husband is a US Citizen, she was granted a waiver, and was back in the USA as a permanent resident within 2 months after her interview in Ciudad Juarez, Mexico.

I wish it were that easy. My husband got expedited deported or something like that and then came back in uninspected the next day-he has accumulated more than a year since therefore he has the 10yr ban. But thanks anyway.

So from what I understood, your husband is here again, entered ILLEGALY again? As far as I know, people who entered the US illegaly cannot adjust their status bec USCIS will be asking for documents on how you entered the USA but they said that there is a waiver for this I just don't which one and it also hard to get.

I130 can be approved anytime since you are a USC and is eligible to sponsor anyone who is your immediate relative but for your husband the AOS would be difficult for him since he entered the US illegaly.

The waiver is called the I-601 package. First you must submit the DS230 and I-845 to see if you qualify. The main point is to prove that being apart from your significant other will cause extreme hardship on the usc. Examples of extreme hardship are could be; having a bad medical condition and needing help. Anyway they have to be really extreme. Being apart from your husband and having to pay all the bills, take care of your kids alone is not an extreme hardship-losing your house or car is not an extreme hardship-they are only hardships according to Immigration. Then they complain why the families get on walfare.
Anyhoo I am hoping for a waiver reform where extreme hardship is not required any longer when a usc is married to an illegal. I wish they would extend the 245i law. I have my hopes up for 2010 elections. Like I said I was definitly in the wrong forum.
Again anyone on my boat go to immigrate2us.net there is a lot to read there.