Can my boyfriend come back to the US after being deported for a DUI? 5 Answers as of January 17, 2011

He was deported for a DUI about a year and a half ago. He was married here, though he wants to get a divorce. Also, is there any way he can do this and is there any way that he can come back to the US legally. Thank you.

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Carlos E. Sandoval, P.A.
Carlos E. Sandoval, P.A. | Carlos Sandoval
There has to be more information that you are not including here since normally a simple DUI is not grounds for being removed from the US. We will need more information with respect to your case.
Answer Applies to: Florida
Replied: 1/17/2011
Calderón Seguin PLC
Calderón Seguin PLC | Ofelia L. Calderon
Your boyfriend was not deported for a DUI because that is not a ground of deportability. There must have been other factors and/or circumstances. If you are a U.S. citizen and your boyfriend gets divorced, you may marry and you may file a petition on his behalf. He will likely need to file an I-212 application for permission to apply for admission after deportation and may also need a waiver of some sort but there are not enough facts in this post to say for sure. In any case, these types of cases are complex and require a real consultation with an attorney in person.
Answer Applies to: Virginia
Replied: 12/31/2010
Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
Conviction of a DUI is normally not a basis for deportation under applicable federal law. You may wish to schedule a consultation with an attorney who handles deportation/removal matters to explore these issues further.
Answer Applies to: Virginia
Replied: 12/31/2010
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
If he chose to leave voluntarily, he is not subject to immigration bar. He can come back in other form.
Answer Applies to: Florida
Replied: 12/31/2010
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
1) If you want to get married he will need to contact an attorney in his country to first get divorced.

2) He will need some type of petitioner to come back to the U.S. as a permanent resident. This could be you if he is divorced and you are married and you are a U.S. citizen. Was he in the U.S. legally or without documentation? If the latter he will also need you to request a waiver and
demonstrate extreme hardship to you if he is required to remain abroad for 10 years.

3) He can apply for a nonimmigrant waiver if he is qualified for one of the nonimmigrant categories and can prove he meets the requirements for the waiver such as rehabilitation from his drinking problem.

If you want to consult specifically on his case, make an appointment. We do charge for consultations $350 per hour - but whatever you pay for the consult will be a credit toward the fees for his case if you retain us after the consult.
Answer Applies to: California
Replied: 12/30/2010
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