Deerfield, NY Immigration Law Firms & Lawyers

I am so sorry to hear of this devastating news. If you are not going to reconcile with your wife, once you have divorced you can file a good faith waiver I751 on your own. You can do this even after the Green Card has expired. Speak to an attorney so you can learn the details of filing using this process.

If you in fact qualify for automatic citizenship, you do not need to worry about any convictions. However, before, you need to make sure you qualify as different regulations were applicable during different years.

I need more facts to adequately answer your question and would prefer to review his deportation order. Does he have a criminal record? Was he ever deported before? Did he ever leave the U.S. and return triggering a permanent bar? Are you a U.S. citizen? Is your child a U.S. citizen? Best case if you are a U.S. citizen and he was deported for being here without documentation (no criminal record) or prior deports), then best case is about a year. You need to file the I-130 petition immediately and begin the process to put together a strong waiver case. We would be happy to assist you through the process. There are three stages: I-130 to show you are a U.S. citizen and he is your spouse (about 5 months), approved I-130 is sent to the National Visa Center where they collect money and forms for the consulate in Honduras, case is sent to Tegucigalpa for interview and medical exam. He will be found inadmissible because he accumulated unlawful presence in the U.S. and the deportation and then instructed to present the waiver packet. Once his interview is scheduled we can get a better timeline on the processing of the waiver packet which is the big unknown time-wise. We would be happy to assess his case, advise more specifics on the procedures, timing and fees if you want to set up a consultation (in person or by phone) with me as indicated below. We do charge for consultation but the consultation fee is then credited 100% toward the fees for your case. These are complicated cases and it is important to present the strongest case possible to get him back here at the soonest possible date so you need to be sure to retain experienced counsel.