Kress, TX Immigration Law Firms & Lawyers

You aren't allowed to stay for 180 days.  The 180 day rule merely means that you aren't barred from returning until you have overstayed by that long.  You still may be denied re-entry for having overstayed even by a day, and you are deportable at any time you are out of status.  You should leave immediately after receiving notice that your final appeal has been denied.

Thanks for your question.  I think that this is a common misunderstanding of the regulations regarding maintaining permanent residency.  A reentry permit is needed if you intend to remain outside the U.S. for more than one year.  Any trips outside of the U.S. for more than 180 days can raise the question of whether or not the resident intends to live in the U.S. permanently.  Generally, this issue will come up if the resident makes frequent trips for more than 180 days or when they apply for naturalization.  The naturalization application requires the resident to list all trips outside the U.S. since becoming a resident.  If the USCIS officer sees that the resident has been making frequent trips outside the U.S. for more than 180 days, the office may require additional proof that the resident has maintained his or her residency in the U.S., such as tax returns, leases, bank statements, etc. The scenario that you have described should not (remember there are no guarantees when applying for admission to the U.S.) cause your wife any issues when she returns to the U.S. in 7 months.   Congrautlations on the birth of your child! Mark

An initial question is whether your husband has had a prior deportation order or committed crimes. In those cases, it would be more difficult to have him released. If he was your husband and not just your boyfriend, that would be another equity in his favor. If he has not been under prior proceedings, he may be eligible for release by ICE or through a bond hearing with an immigration judge. If he has had a prior deportation order or committed crimes, he or his attorney can ask for prosecutorial discretion from ICE that he not be deported. If there are grounds to reopen his case, his legal representative can file a motion to reopen which if successful may result in his being released. Otherwise he may have to remain under ICE custody while it tries to arrange transportation outside the US. If it is unsuccessful in arranging a deportation within a reasonable period of time (usually six months), it will likely be forced to release your husband/boyfriend.  Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.