Longview, TX Immigration Law Firms & Lawyers

Sadly,  it appears from your description that by re-entering without inspection a second time after he was removed the first time, your husband triggered a separate bar to being issued an immigrant visa Under INA § 212(a)(9)(C), he is ineligible to be granted an immigrant visa for 10 years. INA § 212(a)(9)(C) - Aliens unlawfully present after previous immigration violations (i) In general Any alien who-- (I) has been unlawfully present in the United States for an aggregate period of more than 1 year, or (II) has been ordered removed under section 1225(b)(1) of this title, section 1229a of this title, or any other provision of law, and who enters or attempts to reenter the United States without being admitted is inadmissible. (ii) Exception Clause (i) shall not apply to an alien seeking admission more than 10 years after the date of the alien's last departure from the United States if, prior to the alien's reembarkation at a place outside the United States or attempt to be readmitted from a foreign contiguous territory, the Secretary of Homeland Security has consented to the alien's reapplying for admission.So, based on this, he must remain outside the United States 10 years from the date he last departed, which appears to be 2017.

Your international travels for vacations do not negatively affect the K-1 visa application. Please note that she should be applying at her home consulate.

The answer depends on how you intend to get permanent residence. If through sponsorship by your spouse the answer is that you can adjust around the conviction. Contact us or an attorney who handles family based immigration and also has criminal trial experience.