CAN SOMEONE COME BACK TO THE USA IF THEY ARE MARRIED TO A US CITIZEN IN THE US WHEN THEY ARE DEPORTED?

Question

MY HUSBAND IS GOING TO BE DEPORTED BECAUSE OF DRUG CHARGES. IT IS REALLY COMPLICATED , WE GOT MARRIED 2 YEARS AGO AUG 06. HE CAME HERE WITH HIS MOTHER ILLEGALLY WHEN HE WAS 8 MONTHS OLD FROM PERU AFTER HIS FATHER CAME HERE WITH A VISA SO HE KNOWS NOTHING ABOUT FAMILY IN PERU ALL HE KNOWS IS THE AMERICAN WAY AND HIS PARENTS NEVER PUT ANY TYPE A PAPERS IN FOR HIM TO BECOME LEGAL AND HE WAS TOLD BY THEM HE WAS ON THE WAITING LIST LIKE HIS FATHER. NOW ITS LOOKS LIKE HE WILL BE DEPORTED FROM WHAT THE IMMIGRATION LAWYER TELLS ME. "THAT HIS PARENTS BSED WITH HIS PAPERS THEY SHOULD HAVE BEEN LEGAL 9 YEARS AGO AND NOW ITS LIKE HE HAS NO CHOICE AND HIS CHANCES OF STAYING IN THE COUNTRY ARE SLIM TO NONE, EVEN THOUGH WERE ARE MARRIED IT DOES NOT MATTER.HE HAS A DETAINED ON HIM BY IMMIGRATION.

LONG STORY SHORT I WAS TOLD MANY DIFFERENT THINGS ABOUT HIM BEING ABLE TO COME BACK TO THE US EITHER HE CANT COME BACK AT ALL OR HE CANT COME BACK IN 10 TO 15 YEARS BUT AN IMMIGRATION LAWYER I SPOKE WITH VIA TELEPHONE SAID IF HE SIGNS A WAIVER TO LEAVE ON HIS OWN HE CAN COME BACK IN 3 YEARS I NEVER HEARD OF THIS SO I'M NOT TO SURE IF ITS TRUE BUT WE HAVE BEEN MARRIED FOR 2 YEARS AND HE HAS PAID TAXES AND DONE RIGHT BY THIS COUNTRY AND ONLY MADE FEW BAD CHOICES OF FRIENDS BUT WHO HASNT?.

I JUST WOULD LIKE TO KNOW THE CHANCES OF HIM STAYING?,

WILL IT TAKE 3 YEARS FOR HIM TO COME BACK LEGALLY?

IF I MARRY HIM IN HIS COUNTRY WILL IT MAKE IT EASIER FOR HIM TO GET A VISA TO COME BACK SINCE WE ARE MARRIED IN THE US ALREADY?

PLEASE INFORM ME ON WHAT YOU KNOW BECUASE I NEED SOME ANSWERS FROM PPL WHO MY HAVE BEEN IN A PROBLEM LIKE THIS OR KNOWS SOMEONE WHO HAS.

WHAT ARE HIS CHANCES?

Answer 1

He's going to get deported, and there is no way that he can come back for life. This means that the U.S.A is not going to let him in ever again since he has drug charges. I'd suggest that if you like him to go to Peru, otherwise, get a divorce, and find another man.  

Answer 2

This is quite complicated not only because of his status, but also the drug charges. But it seems to me that you have been talking to the wrong attorneys. You need to find someone else who can give you great information that may not be necessarily hopeful, but true.  

Going to his country and marry him will only complicate things. Marriage is one country is enough.  

Answer 3

He's not just being deported.... he's being deported due to a drug charge.  This means he can't even file a request for a waiver to come back for 10 years.  Even after 10 years he's going to have problems.

I think the best solution, if you want to stay with this man, if for you to go with him to his country and make a life for yourself there.

The immigration attorney you spoke with was talking about a voluntary departure.  A voluntary departure is when a foreigner waives all his/her rights and agrees to leave immediately.  However, due to the drug charge I do not thing he's eligible for it.

Answer 4

Why not contact the INS? Asking a complicated question like that here will only confuse you more. Here's a link to help:

http://www.uscis.gov/portal/site/uscis

Answer 5

His chances are not good.  His parents lied to him and I suspect that he has lied to you.  See, he would have found out that he wasn't a citizen when he got his first legitimate job and didn't have a social security card, or when he tried to get a driver's license and didn't have birth cert & valid visa.  His parents should have gotten their citizenship 9 years ago, but didn't, which tells me that there's something fishy about their visa story.

Now, in addition to breaking US immigration laws, he's done (or probably dealt) drugs.  The US is not going to look kindly on this - not when we have millions of law abiding people in line to immigrate here - who haven't made bad choices in friends.

You can move to Peru with him while he waits for permission to reenter the country or you can cut your losses now.

Answer 6

If the drug charges are a felony nature,it would be a 10 year ban.They do not fool around with these kind of cases, they deport you out the country.

Answer 7

Your boyfriend is going to be permanently barred from the U.S., not because of the removal order but because of the conviction for the drug charges.

It's very possible that the conviction is for an aggravated felony. If so, that means a lifetime ban with no chance for a waiver. If the drug charge was for trafficking, that's an aggravated felony.

If it was merely a possession charge, he is still perpetually barred (for life), but there's an outside chance for a waiver.

The removal order triggers a ten year bar. The drug conviction triggers a lifetime bar. In order for him to come back to the U.S. within the first ten years from his departure, he would need a waiver for the two separate grounds of inadmissibility which would apply to him.

After ten years, he would only need a waiver for the drug charge. If the drug charge involved more than 30 grams of marijuana, there is no waiver available if he wanted an immigrant visa.

In summary, his chances of coming back to the U.S. are exceedingly poor.