Atwater, CA Immigration Law Firms & Lawyers

DHS often understands and respects education as a legitimate reason for being out of the US more than a few months at a time. It is discretionary at each entry. You should apply for the reenter permit whenever he is in the US. He also needs to be present for the fingerprint appointment, which is normally several weeks after filing. He should establish his firm intent to retain his residency in the US when filing the application. I recommend that he is never out for 180 days or more, even with the permit. DHS is getting more aggressive and also this has implications if he ever wants to naturalize.

More information is needed. Usually, if a person has been in the U. S. in lawful immigration status, then he will not be deported. What seems to have happened is that he violated civil immigration laws, which led to a removal order by the immigration court. It is unclear whether he has been unlawfully present for more than a year, because he overstayed the terms of a past visa entry into the U. S. If so, then he can be barred from a visa for ten years, perhaps longer , as a matter of consular discretion. I strongly recommend the he schedule an appointment or teleconference with a competent and experienced immigration attorney.

After your husband becomes a US citizen, he can file I-130 for you and since the petition is by a US citizen, you do not have to wait for visa quota and can file adjustment of status with the I-130 if you entered the US legally. It would be much faster if he file a new I-130 as a US citizen and you file I-485 along with the new I-130. "Upgrading" a pending I-130 is much more time consuming.