Answered on Jul 16th, 2011 at 7:49 AM
It will depend on the underlying immigration violation that was the basis for the deportation and the effect of the entry after deportation without permission from the USCIS. You can start the I-130 filing, but he will need to go to him home consulate to apply for the immigrant visa and will need to apply for a waiver for all his immigration violations. The waiver will be based on an unusual and extreme hardship to you and the USC children. Consult with an experienced immigration attorney.