Can my boyfriend still file for a green card? 9 Answers as of October 28, 2011

To properly advise him we would need to review his criminal record and deportation order.

It will be hard to do and it will cost you definitely a lot of money. Your marriage will give you an opportunity to file an immediate relative petition and for waiver of criminal activity including illegal entry after order of deportation. However, your chances are a lot better if your boyfriend will leave the United States and apply for a waiver from the country of his residency.

I don't see it in the scenario you painted. Since he was deported and came back, he is only making it even more difficult for a waiver to be approved on his behalf when he gets to have a current visa. In my view, he should not do anything that will show that he came back to the US after he was deported. That will only double his 10-year bar. He might have a chance if he remained outside the US and you got married there. Then all he will have to deal with is his drug felony, which by the way is not that easy to beat or get a waiver for. Good luck!

For 2 reasons NO. He came back after deportation and therefore triggered permanent bar. And since he was convicted of a drug related, he will not be able to secure a visa.

By return to the U.S. after being deported for a drug crime, your boyfriend has committed a federal felony. If he is caught by the government again, he would almost certainly be charged with the crime of having reentered the U.S. after deportation and the sentence could be very severe (many years in prison.) He should not file for anything because he would be exposing himself to the authorities. Getting married would not help him in any way.

Please consult with a competent immigration attorney who does criminal and deport. However my understanding is that there is no waiver of a narcotics conviction and that entering illegally after deport means he can never get a green card and is subject to ten years in federal prison if caught.

He may be barred permanently from getting a visa or green card if he came back illegally. You should consult with an experienced immigration lawyer before you take any steps.

This is a very complicated situation and my advise to you is to go and see a private immigration attorney and speak to them face to face. If your boyfriend came back in "illegally" after being deported he is subject to what is called reinstatement. He must be very careful. More information would be needed to give you a full analysis.

I am sorry to be the bearer of bad news, but your boyfriend can be charged with illegal reentry to the United States which is a federal crime. Also, when someone returns to the US without permission after being deported they become ineligible to immigrate through a family member based on the "permanent bar." INA 212(a)(9)(C). There is a waiver of the permanent bar, but an immigrant can only ask for it from outside the US, after having spent 10 years outside the United States. The waiver is based on hardship to a qualifying lawful permanent resident or US Citizen relative. A possible options for someone in this situation is to look at the underlying order of deportation/removal and to see if there was some error that was made, which would make the order invalid. Also, if your boyfriend's life is in danger in his home country, he might be eligible to ask for protection under the Convention Against Torture, or a crime victim visa. I would recommend speaking with an immigration attorney in order to assess the situation. Your boyfriend will need to bring any paperwork with him to the appointment in order to accurately understand his options.