Can I marry someone who was deported so he can become a ctizen again? 6 Answers as of August 25, 2011

Hello, my boyfriend was deported in Feb. of 2011 because of a misdemeanor, if i want to marry him can we get a fiance visa so he can come back to the US and become a citizen again or should we try to reopen his case to see if he can get a forgiveness by the USA? We would like to live in the US and start our lives over again. Thanks for the help.

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Oltarsh and Associates, PC
Oltarsh and Associates, PC | Jennifer Oltarsh
Someone deported can only reenter with advanced permission based on your hardship. He will likely need a second waiver if he was living here illegally for over six months. Some crimes likewise make him inadmissible. You should contact a lawyer.
Answer Applies to: New York
Replied: 8/25/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
The question is too general to answer. I would need to know the details of any deportation, any reentries into the U.s. after deportation, your status, whether he committed any crime, etc. If you would like to set u a paid consultation to discuss this call to set this up and try to get all documents you can to explain what has happened to him. If you don't have these we can apply for copies from the government but he or his prior attorney may already have these saving time.
Answer Applies to: California
Replied: 8/22/2011
Law Offices of Caro Kinsella
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
You will need a waiver in order to overcome the past crime.
Answer Applies to: Florida
Replied: 8/14/2011
Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
If his crime is not considered aggravated felony, and if he was not a permanent resident then, yes, you may get married and he will need one or two waivers to be able to immigrate to the US. You should see an immigration attorney before you make any decisions. It may look simple but it is very complicated. Let us know if you need our help.
Answer Applies to: Nevada
Replied: 8/13/2011
Fong & Associates
Fong & Associates | William D. Fong
He is not likely to get the K-1 visa with a deportation. You could get married and he can file the immigrant visa with the request for re-entry after deportation.
Answer Applies to: Texas
Replied: 8/13/2011
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    As your boyfriend has been convicted of a crime, it would hinge on exactly what crime he was convicted of. Assuming the crime was not one that bars him from receiving immigration benefits, you could marry him outside the U.S. and petition for him to receive an immigrant visa. He will likely be required to file a waiver based upon his conviction and/or due to any unlawful presence previously acquired. He will also need to file a request for readmission. These require him to show that you, as his spouse, will suffer extreme hardship if he is not allowed to re-enter. It would be in your best interest to meet with an attorney to discuss the matter further. This will allow you to get a more concrete opinion after review of the specific facts of your case.
    Answer Applies to: New York
    Replied: 8/13/2011
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