Can my fiancé return before the 10 year bar on a waiver and petition? 2 Answers as of June 11, 2013My fiance/ father of my two children was deported on criminal trespassing and family violence. He came to the USA 7 years ago by walking across the border illegally. My question is can he return on a I-212 waiver, I-129F , and a K-1 visa?
World Esquire Law Firm | Aime Katambwe
Technically yes, but it is very hard to do on a fiance visa. A spousal relationship is always better. It will also depend on the kind of crime he committed and other positive equities (or things on a balancing scale) he might have. I dont know what you mean by family violence. Some kind of domestic violence, especially against children is just not that easily forgiven if at all. Consult competent counsel before attempting anything. Good luck!
Answer Applies to: California