Q: We just found out my husband has a order for removal could we still apply for his green card
He came here illegally from el salvador in 2013 was picked up by ice in Texas and incarcerated he was released and we just found out he has an order for removal from 2014
A:
You will need to find a lawyer who can tell you what your options are. It might be possible, for example, to ask the Immigration Court (Charlotte, I'm guessing) to consider reopening the case, to allow you to go forward with visa processing for your husband. In any event, you'll need to start with (a) consultation with lawyer and (b) filing Form I-130 petition for alien relative.
To find a lawyer, contact the NC bar by toll-free number and ask for a list of attorneys who subscribe to the bar's lawyer referral service. And go to www.aila.org to find an immigration lawyer, either in Atlanta where you are or in NC, again assuming it was the Charlotte Immigration Court.
A:
If your husband only entered or attempted to enter without a visa once, was then ordered removed but never actually left the U.S. he may be eligible for a provisional I-212 waiver (which would waive the bar for the prior removal order) and could then apply for an I-601A provisional waiver for unlawful status.
If you are a USC or LPR, and he fits the parameters above, there is a potential process that would allow him to obtain legal status without going back to court. It would be a rather lengthy, multi-step process, but it is definitely worth having an in-depth discussion with an experienced immigration attorney.
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