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araeder · Nov 15, 2007, 04:29 PM

My husband is from Mexico and was deported in July for the 3rd time. He tried coming back illegally but was caught in October and is now in jail in Arizona waiting to be deported again. We filed an I-130 a year ago and it came back approved in October. Im wondering what I should do next (what forms I should file now to get his papers) and if there is anything I can do to maybe get my husband out of jail so that he can stay here with me and our 2 children.

Fr_Chuck · Nov 15, 2007, 05:35 PM

Hire an immigration attorney. I am sorry for your issues, have you considered going to Mexico to live with him where he is legal. While I feel sorry for the people, again breaking the law and illegally coming back into the US, is a crime and I do also have trouble feeling sorry for criminals having to pay for their crimes either.

Lowtax4eva · Nov 16, 2007, 01:20 PM

I hate to say it but I think being caught illegally entering the US twice has effectively cancelled out the approved I-130. I would double check that with USCIS and once he gets sent back to Mexico see if he can get a K-3, my guess is this will be rejected and you will need an immigration lawyer to find a way to get him in.

If legal papers were filed he should have just waited and done it right.

kanicky73 · Nov 16, 2007, 01:43 PM

I thought if an illegal immigrant married a us citizen that automatically deemed them legal? Have I watched too many movies??

Fr_Chuck · Nov 16, 2007, 02:47 PM

You watch too many movies, it allows them to ask for special paper work to file for citizenship as marring a citizen but does not give them any automatic citizenship. They can still be refused for many reasons.

And yes, a person who breaks the laws in the US arer criminals, so people who come into the US illegally, are criminals.

kanicky73 · Nov 16, 2007, 03:17 PM

I understand Fr_Chuck what your saying that someone who breaks the law is considered a criminal. But there are different levels of severity to the criminilistic world. I would consider a murderer more of a criminal than someone who married and didn't get his paperwork filled out properly. Maybe he didn't fully understand. I wouldn't be as harsh as to label him a criminal. Sometimes your words are very very harsh when they don't need to be is all I am saying here.