Can my husband obtain U.S. residency if caught crossing the border three times? - Immigration Law Questions and Answers-

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Can my husband obtain U.S. residency if caught crossing the border three times?

I am a U.S.citizen and I would like to petition my husband for the u.s. residency. We have two children together and he is the support of the family; I am currently attending school. He has entered the U.S. illegally twice and was caught once the first time but re-entered. Then he went returned to mexico two years later and came back. The second time he came he was caught twice in the border line and re-entered illegally in 2005. I understand that he can file a I-601 waiver but does the I-212 waiver his inadmissibility for re-entering illegally to the u.s.?

Answer By Reza Athari
Reza Athari & Associates, PLLC
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Unfortunately by returning to Mexico after he was in the US an aggregated period of one year, he triggered the permanent bar. That means he has to stay outside US for 10 years before he can apply for permission to come back.

Answer Applies to: Nevada
Replied: 8/23/2011

Answer By Aime Katambwe
World Esquire Law Firm
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Dear Customer, Yes, you can petition your husband. At his final interview in Ciudad Juarez, he can be given the opportunity to file a waiver or he can be punished. If he is punished, he will have to stay in Mexico up to ten years. You and your husband have to think about it. There are chances that he can be forgiven and come back to the US at the interview but he can also be punished.

Answer Applies to: California
Replied: 8/5/2011

Christian Schmidt, Attorney at Law
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He may be barred permanently with no waiver option if he entered or attempted to enter multiple times after being removed. It is important to determine what exactly happened each time he entered or was refused entry/deported.

Answer Applies to: California
Replied: 8/4/2011

Answer By William D. Fong
Fong & Associates
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According to your facts, under Section 209, his immigration violations result in a permanent bar to entry to the US. Please confirm with an immigration attorney.

Answer Applies to: Texas
Replied: 8/4/2011

Law Office of Felipe A. Malo, P.A.
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If i212 granted it will waive prior deportation

Answer Applies to: Florida
Replied: 8/3/2011

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