Federal appeals courts across the country have interpreted the statute differently. Two circuits concluded it does not apply retroactively, and immigrants in those areas have obtained green cards.

"Now they could have a 10-year bar and they might not get back in," said Chris Keen, a Provo attorney who represents Fernandez-Vargas.

Fernandez-Vargas attempted to become a legal permanent resident in 2001 based on his marriage. Immigration authorities arrested him during a routine interview on his application and reinstated a 1982 deportation order. He was sent back to Mexico in September 2004.

"This illustrates the tragedy of the immigration system and how immigration laws tear families apart," Keen said. "There doesn't seem to be any room for mercy."

Fernandez-Vargas is barred from returning to the United States for 20 years.

He has contemplated sneaking across the border but said there's too much at risk.

"If I go back to the USA illegal, I'll be probably get caught and go to prison. I don't want to get caught. I don't want to go to prison," he said. "I don't want to lose my family. It's the only thing I got in this life — my Anthony and my wife."

Fernandez-Vargas said he hopes for one more chance to get back to Utah legally.

A footnote in the Supreme Court decision suggests he "could plead his serious case" for a consular waiver to legally come back because of hardship on his wife and son. Gossett, though, isn't optimistic.

"Waivers are hard to get," he said. "We'll try."

Rita Fernandez isn't counting on that waiver, either.

"I don't know what to think or what to do," she said. "I just look at it as there is no hope anymore. It's over and done."

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