I'm not sure if I am doing this right but I just have a quick question concerning a possible situation I am in. I have been separated from my husband for about 8 years but we have never been legally divorced. During this time he was deported, came back illegally, caught and sentenced 2 years and then deported again. Is it possible for me to bring him back and file for a change of immigration status if we are thinking about trying to make our marriage work?

The Department of Homeland Security does not necessarily believe in second chances or the human capacity to change. Seek an attorney about this, but from what I've seen, it is unlikely the U.S. will accept him in, unless me can prove he is the victim of torture. Then, he will be held in detention and most likely tortured by the U.S. until he withdraws his application, or, if he endures the torture and comes out intact, he'll have to make it to the circuit courts of appeal to have a fair hearing. The preliminary Immigration hearings are known to be lessons in rhetoric, rather than fact-finding sessions. They are mostly administrative sessions, set up to force you to seek an attorney, who may or may not rip you off. Attorneys in Immigration Law have a reputation for ripping off their clients. They know they can get away with it, because their clients do not know the laws here. There are some honest ones, but they are expensive and you'll need to pay them huge sums of money up front.

If you are lucky enough for your husband to make it through the Immigration hearing, you'll most likely hear the judge say they are deporting him. Then, if you appeal, you'll go before the BIA, who will probably uphold the judge's decision. After that, if you appeal, you'll make it to an actual court that hears the case and makes just decisions.

My advice if you plan to endure this is study Rhetorical Devices, so you can understand how to answer the initial judge, when he asks very pointed questions that are designed to help the DHS. Otherwise, he'll bait you into answering against your best interests. He should be seeking facts, but that hasn't been the case with the courts in San Diego.