Anson, TX Immigration Law Firms & Lawyers

If he has overstayed his B1/B2 for over six months and he leaves the country he could be barred from coming to the US for 3 years. If he has overstated over a year and leaves the country he could be barred from coming back for 10 years.

The answer is that it is unlikely that any action you take will necessarily lead to your spouse's removal and deportation from the US. Sounds like your spouse was granted lawful permanent resident (LPR) status on a conditional status. What that means is that his LPR status is good for two years from the date of its approval. During the 90 day period before the expiration of his two year LPR status, he is required to file a Form I-751, Petition to Remove Condition on Residence, with CIS. There are 4 ways to file the I-751. It can be filed jointly by you and your spouse or it can be filed under one of three "waiver" categories. Choosing the proper I-751 depends on the client's situation. Because you and your spouse are having difficulty in the relationship, I would highly recommend that he seek the advice of an attorney who can provide the proper guidance on the right way to file the I-751. Truth is that divorce will not automatically terminate your spuse's conditional LPR status. But, divorce will throw some difficulties into the mix. And rather than attempt to explain all of the possibilities, I think it more important for your spouse to seek the advice of a knowledgeable attorney who can provide real experience in advising n the best route to be followed. Having seen my fair shard of these cases go bad because folks did not sit down with a lawyer, ask questions and understand the options available, I cannot suggest in any stronger terms that your spouse figure out what to do and how to do it. His green card will expire at the end of the two year conditional LPR status and it is exceedingly important that he do something before that green card expired. I am also concerned regarding th information that you provided about drugs and gambling and I would suggest that an honest and frank discussion with a professional legal service provider is the best way to go. Unfortunately, clients often attempt to BS their way thru these issues and hope that no one finds out. An open and honest discussion with any attorney looking to represent your spouse is important. Find a good attorney, we ar out there. Good luck.

Exactly why were you deported? Was it because of the criminal case? Was it because you were here illegally? Exactly what happened during the removal/deportation proceedings? Were you ordered removed by a judge or did you self-deport? Without the answer to these and many other questions, it is impossible to properly answer your question. I strongly suggest that you or your wife in the U.S. contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your case. He/she would then be in a better position to analyze you case and advise you or your wife of your options.