Can I get my fiance back to the US legally if he came here illegally? 10 Answers as of January 17, 2012

Yes. You may file for a fiance visa. He will also need to qualify for a Waiver of Inadmissibility based on hardship to you if he cannot return.

If you marry him and are a United States citizen, you can petition him as an immediate relative and he will have to apply for a I-601 waiver given his unlawful presence.

You can file a fiance visa but will have to submit a waiver of inadmissibility. He may still be able to benefit from the new proposal to adjudicate waivers in the US.

Possibly if you are married. We would need to know the details of his immigration history. If you would like a consultation on this call to set up a paid consultation in person or by phone.

You will have to visa process through Ciudad Juarez and apply for a 601 waiver on hardship to forgive the illegal stay.

Usually the Immigration part of the documents are filed in the U.S. However, the interview for the green card needs to happen in his home country plus his case will need waivers to re-enter. If there is a previous deportation, he needs to remain outside the U.S, for a statutory period before he can re-enter. Please do not file your case without the screening and assistance of an immigration attorney because the waiver and consular process need to be done properly to avoid the increase of denial or unreasonable delays.

Your case for him would be stronger if you marry him. Otherwise it may take 10 years.

How long was he in the US before he returned to Mexico? Why did he return to Mexico? Most likely, upon departing the US he triggered an automatic bar to reentry for a period of 10 years because of his lengthy overstay in the US. If that is the case, he will need to get a waiver of that bar to reentry and that can only be done by a showing of extreme hardship to a US citizen spouse.

In order to petition for your fianc to return to the United States, you will first need to marry. Once married, you will file a petition for him to receive an immigrant visa. This petition will take approximately 6-8 months to process. After the petition is approved, the case will be transferred to the National Visa Center. Your husband will complete an application for an immigrant visa as well as submit supporting evidence. He will eventually be called for an interview at the U.S. Consulate/Embassy near where he resides. The U.S. Consulate will review the case and determine whether to issue a visa or not. Your husband will then be required to file a waiver for unlawful presence. As he resided in the U.S. illegally for more than a year after reaching 18, he will be subject to a ten year bar of admission unless waived. The waiver is based upon extreme hardship to you if he is not allowed to enter the U.S. The U.S. Consulate will assess how feasible it would be for you to continue to live separated or to have you move to Mexico. Your husband may also need an application to reapply for admission after removal depending upon whether he was previously ordered deported or removed. These cases are very complex and it would be in your best interest to meet with an immigration attorney to go over your fiancs prior immigration history and your situation in more detail.

If you are a US Citizen, you can go to Mexico, marry him, and then file a visa petition and a waiver on his behalf. Of course, he must meet all of the qualifications for the waiver.