Can an immigrant that was deported for a felony get a visa through marriage? 4 Answers as of July 15, 2011

My ex boyfriend got deported for identity theft and I believe possession of narcotics. His ex girlfriend sister told him to marry her and that he can get a visa. Is this possible?

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World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
Only a marriage entered into in good faith is a valid marriage for immigration purposes. What you described sounds like a sham marriage and as an attorney I cannot indorse that. Be that as it may, the next set of issues he is going to confront are those related to his criminal record. My take is that they will be very difficult to overcome because of their nature since both theft and possession of controlled substances are crimes involving moral turpitude in general. Assuming the petition is filed, the visa will not be approved because of the removal or deportation. That is because once you are deported, you have to wait a period of 10 years before you can be allowed to re-apply for admission. So, in this case, both his eligibility and admissibility will be an issue. Depending on his specific circumstances, a waiver if and when available will go a long way to cure both. I strongly recommend that you consult with competent counsel to help you with this. It will be complicated. Good luck!
Answer Applies to: California
Replied: 7/15/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
This sounds like a marriage to obtain green card, which is fraud. Fraudulent application for green card has severe consequences.
Answer Applies to: Florida
Replied: 7/12/2011
Kevin Bluitt, Attorney at Law
Kevin Bluitt, Attorney at Law | Kevin Bluitt
If he was deported for an "aggravated felony" marriage will not help him. He has a lifetime bar..... His criminal convictions must be reviewed by an immigration attorney to determine if he was determined for an aggravated felony. Based on the limited information... I do not believe he will be able to return.
Answer Applies to: Florida
Replied: 7/12/2011
Immigration Law Offices of Misiti Global, PLLC.
Immigration Law Offices of Misiti Global, PLLC. | Nicklaus Misiti
It sounds like he is going to have a tough time. Drug offenses are particularly difficult to get past and they identity theft will not help. Speak to an immigration attorney directly and see if anything can be done.
Answer Applies to: New York
Replied: 7/12/2011
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