My husband has been here illegally from Mexico for 11 years. He is in the process of being taken back to Mexico. He signed a paper to go voluntarily. He has had 3 DUI's and a few other minor offenses, (driving with suspended license...etc) . I have heard that if you have 3 or more misdemeanors you can never get your papers...is this true? PLEASE ONLY RESPECTFUL ANSWERS!
2006-08-09 10:01:21 · 7 answers · asked by tiece20 2 in Politics & Government ➔ Embassies & Consulates
Contact the Department of Homeland Security public affairs office and they can direct you to the right person to answer your questions.
2006-08-09 10:05:44 · answer #1 · answered by dt 5 · 0⤊ 0⤋
Your husband's illegal overstay and deportation trigger an automatic 10-year bar to re-entry into the US. Here is the law:
INA 212(a)(9)(a)(II) (Any alien who) " departed the United States while an order of removal was outstanding, and who seeks admission within 10 years of the date of such alien's departure or removal (or within 20 years of such date in the case of a second or subsequent removal or at any time in the case of an alien convicted of an aggravated felony) is inadmissible. "
The only way to get him back is to request a waiver of his inadmissibility, pleading severe hardship for yourself and your children, if you have any. The waiver is hard to get, but might be possible.
A permanent bar to readmission is a single conviction for a crime of moral turpitude, or multiple criminal convictions. Misdemeanors normally do not count, but someone who collects them is in danger; here is the law so you can see for yourself:
INA 212 (a)(2)(B) "Multiple criminal convictions.-Any alien convicted of 2 or more offenses (other than purely political offenses), regardless of whether the conviction was in a single trial or whether the offenses arose from a single scheme of misconduct and regardless of whether the offenses involved moral turpitude, for which the aggregate sentences to confinement were 5 years or more is inadmissible."
2006-08-09 17:12:32 · answer #2 · answered by dognhorsemom 7 · 0⤊ 0⤋
last time i checked (you may want to doublecheck this), 3 misdemeanors = 1 felony
a felony for a non-resident means deportation
2006-08-09 10:06:41 · answer #3 · answered by mommy_mommy_crappypants 4 · 0⤊ 0⤋
If your Husband has demonstrated that he cannot obey the law, you may have to face the fact that he will get no symathy. God bless!
2006-08-09 10:05:20 · answer #4 · answered by ? 3 · 0⤊ 0⤋
best things is to consult an attorney
2006-08-09 10:13:42 · answer #5 · answered by het 2 · 0⤊ 0⤋
THESE DAYS W/ ANYTHING ON YOUR RECORD,
ADIOS!!!!!!!!!!!!!!!!!!!
TIME TO GO HOME!!!!!!!!!!!!!!!!!!
SFY
2006-08-09 10:08:51 · answer #6 · answered by bobby-bob 5 · 0⤊ 0⤋
hope so by by
2006-08-09 10:05:28 · answer #7 · answered by idontkno 7 · 0⤊ 0⤋