Can I file AOS for hubby even though ICE deported him?

[payxibka 10,048]

so here is my question: Now that they ordered him to be deported, does that make him ineligible for an adjustment of status? YES the I-130? NO but a waiver will be required our lawyer is saying this is the only way he can come back into the country legally.

[Boiler 47,439]

You need an Immigration Lawyer and a Criminal Lawyer.

Probably too late to avoid deportation.

[LIFE'SJOURNEY 970]

Question is has he had his final hearing? If so, then YES it is too late.

Everyone lives on Hope, and yes she is hoping for something they haven't thought of yet.

But to be honest, this is where you need to depend on your lawyers advise and expertise. Most people here on VJ have only been involve with the simple basic immigration problems.

It seems as if you'll are trying to correct many different things at one time, and seeing if any of these corrections would take his case onto a different path.

ICE and USCIS are operating on two different structure paths of his case. ICE is operating on the path that he has broken the laws and his PR status is no longer valid.

USCIS will be looking at is he a good moral individual for a NEW visa. The road will be hard....

[*JG* 2]

Yes that is exactly what happened.

I appreciate the comments everyone. We already have an immigration lawyer who is filing an appeal. We are planning to hire a criminal lawyer who can try and get these charges reduced or vacated in our home state so that when the appeal does come through if the charges are vacated ICE would have no choice but to drop their case and his PR status would not be removed.

Believe me, I know it's a loooong process, it's already been a year and 2 months. The crimes were theft under $300. I asked him the same question why didn't he become a citizen after being here so long. But we can't go back and worry about what he should have done, because I didn't know him then. But I am staying strong for him now and just doing what I can and trying to find out as much info as I can because I'm getting confused on all these immigration forms.

So basically I plan to file the I-130. If it gets denied then I will file the I-601. In between all the time these forms are filed I am hoping in my state the Judge will determine to vacate these charges since my husband was not made aware of immigration consequences while pleading guilty. This is a huge issue going on in America...they tell you to plead guilty so you serve little time and get a fine but they didn't tell my husband that this could affect him years later. When I went to the district court to obtain the transcripts for these case they were destroyed along with his file. So I think we have a good chance to get these cases vacated.

All 3 of the charges were theft under $300? Was jail time involved?

I'm trying to piece together why these would be deportable offenses. Unless it's just the pattern itself.