Please help husband has final order of deportation

J

jelenam011

New Member
My husband entered the United States in 1991 seeking asylum, from Yugoslavia. His asylum was denied and he was ordered to leave, which he never did. We started dating in 1992 and moved to Florida in 2001. In 2005 he was detained by Immigration and held at a detention center for a while and then finally released because they were not able to deport him. He is still under a Final Order of Deportation and is released under an order of Supervision. He reports via phone monthly and has visits and such all the time.

We were married in November of 2005 after he was released from detention, we have been together since 1992 and have two children together. I am a US citizen, as are our two small children. I would like to file for him, but I know that since he is under the final order of deportation, and that order was issued makes things more difficult. We can prove that we were together before that and that we are together out of love and not the papers, (we have to small children, we have lived together for years now, etc.)

Is there any chance for him to adjust status while in US or what should we do, any advice is greatly appreciated.
 
He is a final order and has zero status thus he will not be able to adjust status. Since he is a final order he no longer has the opportunity to present his case to an immigration judge (the case has already been decided). The only option he has is to appeal this to BIA but there is usually a 30 day time limit for this kind of appeal and I believe that you guys are well past those 30 days. Your best opportunity would be to get deported. Then file a waiver application (when someone is deported they are banned anywhere from 5 years to life). If the waiver application gets approved...file an I-130 and begin the process. This will be very difficult but not impossible. It will take months if not years.
 
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