My husband was arrested and detained six months for Illegal entry in 1999. He served his time - and then voluntarily left the country after being released. Was not deported. He is back in the US - again an illegal entry and we are now attempting to adust status, I am a recently naturalized citizen Will he have to file I-212. Is he excludable.

Dear Mrs. Sanchez:

It would be extremely unusual for your husband to have been arrested for illegal entry, serve time, and then not be deported. Therefore, to make sure as to what happened, you or your attorney should make a Freedom of Information Act (FOIA) request to see what happened in the case.

If your husband had an order of deportation, even if he left voluntarily, and then re-entered illegally, he could once again face criminal charges. He may also be subject to the 3 or 10 year bars on re-entry.

The form that would be filed to waive the unlawful re-entry is immigration form I-212. However, because of the serious nature of this case, we would strongly advise that you speak with an immigration law attorney who has experience in handling deportation/removal matters before you file any papers with INS. Good luck.

I am married to a LPR and he wants to file an I-130 petition for me. I am from mexico and the problem is that back in 1996 a supposed attorney submitted an application for asylum which was denied and the judge granted voluntary departure and i never left the country. will that have an effect with this petition through my husband? What is the right thing to do? I do not want to file and wait several years thinking I'm will be O.K. with this new law 245i that allows to adjust here in the U.S. and find out i cannot fix papers.

Please advise.

Dear Anonymous:

To be grandfathered under the new law, the petition must be filed on or before 4/30/01. Because you apparently have an order of deportation, you would have to have your case re-opened in order to be eligible to file for permanent residence.

The I-212 does not apply in your case since you have not physically departed the US. As such, you have not yet been deported, but as stated above, you cannot adjust your status until your case is re-opened.

We would suggest that you consult with an immigration law attorney to determine your chance of success. Good luck.

have a guestion i am in brazil looking to come back to the states in a few weeks i am married to a brazilian she went to the usa and workd for 6 months then left and try to come back they stopped her at the airport and questioned her she told them she worked her last time she was there they allowed her to withdraw her visa i have her I-275 and it says for basis for action application for admission withdrawn Visa/bcc canceled she then left the next day they gave her a sec 212a (7)(A)(i)(I) becasue she was perviously employed without authorization in the usa annd appears to likely to again engage in unauthozied emplyment she is permitted to withdraw her applicaticatin for admission and is scheduled to depart on this date via co 31 does she need a I-212 wavier and if so how long does it take for this to come if i file in the usa?? Please help me she is my everything thank you