Can I get a K1 visa for my boyfriend who has been deported? 4 Answers as of March 11, 2011

My boyfriend got deported from the U.S. for five years. He is in his current country and we would like to get married. Can I still file a K1 Visa.

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
If your boyfriend has been removed for at least five years, and it has happened only once, and there has not been an aggravated felony or other serious crime that caused his earlier removal, then you may petition for him. You will need the help of an attorney for your petition. If you so desire, I would be pleased to set up an appointment for consultation by phone or in person. Best to you.
Answer Applies to: California
Replied: 3/11/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
If your boyfriend was deported he is unlikely he would be granted a K1 fiance visa since he is inadmissible due to the deportation, and could also be inadmissible due to the reasons that caused him to be deported. If so, he would need an I-212 waiver (for the deportation) and I-601 waiver (for the reasons he was deported) and would not be granted an K1 visa. If you get married he may be eligible to be petitioned as your spouse and they may then be eligible for those waivers.
Answer Applies to: California
Replied: 3/10/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
Being a citizenship does not give you any privilege. If he is deported, he is subject to immigration bar for 10 years. If you want to have a waiver, you have to apply one for him giving the best reasons. I suggest you to consult a good lawyer to assess your case in order to give you specific strategies. You are welcome to contact us. Good luck!
Answer Applies to: Florida
Replied: 3/10/2011
Law Offices of Caro Kinsella
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
It sounds like your boyfriend was expeditiously removed (you said deported from the U.S. for 5 years). You can file a K-1 visa, however you will also need a waiver along with the K-1. Contact my office for a free consultation.
Answer Applies to: Florida
Replied: 3/10/2011
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