My husband was taking into custody while crossing usa border in 2008 September it was voluntary deportation in which he has the 5 years, he then came back again in 2009 was able to cross border illegal, we met in 2012 we married in 2013 in 2014 had our first daughter 2015 second daughter. We filed I130 interview was in USA and approved. Now we have to do NVC fees etc but my concern is what are the risks of him being denied and having to stay in Guatemala or most likely I212 and I601 would need to be submitted?
Your husband may have been issued an expedited removal order. I recommend that you obtain a copy of his immigration file before you proceed with a request for waivers. You also should be guided by an experienced immigration attorney who can assess eligiblity for such waivers.
Have an immigration attorney review your husband's case as soon as possible to make sure that he is not permanently barred and ineligible for the I-601/I-601A or I-212 waivers at this time. Does your husband have the paperwork from the 2008 border crossing attempt? If not, consider filing FOIA requests for it.
Hello:
If he 'has the 5 years', it was not voluntary departure, but rather, an expedited removal. His second illegal reentry put him under the permanent bar of inadmissibility. I-130 being approved does not help you.
Regards,
Brian D. Lerner
Attorney at Law
