Immigration Lawyer Pompano Beach

The norm is 10 years, but there are many qualifications that can shorten the 10 years. If the IJ said 3 years he or she must have had a reason.

You can petition for him but he will need to get a waiver of the 10 year bar.

Yes you can submit papers depending on your status. Even when people are subject to the 10 year bar, there are waivers for such bars if he meets the eligibility requirements.

You can petition for your spouse now. The process begins with the filing of an I-130 immigrant visa petition in which you must establish the bona fides of the relationship. Once the I-130 is approved, the case is sent to the National Visa Center which is the hub for consular processing around the world. The National Visa Center will send you forms that you must complete on behalf of your spouse, including the affidavit of support. The affidavit of support is to demonstrate that you have sufficient income to prevent your spouse from obtaining welfare. After you complete the forms and send them to the National Visa Center, your spouse will be scheduled for an interview at the consulate. There, they will determine if there is anything in your spouse's past that would prevent him from immigrating such as crimes, immigration violations, etc. In this case, he has a prior deportation. If a person is deported, there is a general 10 year bar on readmission. If he seeks readmission within that 10 year period, he will need advance permission to reenter which he seeks by filing form I-212 at the consulate. If however he illegally reentered the U.S. in the past after a prior deportation, he is not eligible to seek a waiver until 10 years have passed outside the country. Additionally, if he was deported for a crime, he would need to determine if he qualifies for a waiver of the crime as well. Because of the issues in this case, it is highly recommended that he seek the assistance of an immigration attorney.

You can submit a petition at any time, but what is keeping your husband out of the U.S. is the deportation order, and, most probably, bars to readmission because of a lengthy period of unlawful presence. An I-601 waiver application may be available to remove the bars due to unlawful presence, but an application for advance permission to reapply for admission after deportation or removal would be required as well to get some relief from the removal order.

If your husband was unlawfully present in the U.S. for over one year, he is barred from returning for 10 years unless he is granted a waiver of inadmissibility. Yes you can file a petition for him. The petition is just the first step.

If he is subject to only a three year bar, then after three years you can apply for him. Is there a reason you think the judge was not correct? If you feel your husband is subject to the ten year bar, which comes from different actions, you need to have a consult with a competent immigration attorney. Bring his court documents and passport.