Can my fiance come to the US after being deported for 10 years? 2 Answers as of April 11, 2011

Can I apply for a k1 fiance if I live in México with my fiance with our 3 kids if he has criminal charges and was deported for 10 years? He has some DUI and theft charges on a different name. He is in the air force and has 1 year left but afterwards is it ok to apply for a waiver?

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Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
This depends. Generally when a person is deported, he or she is subject to 10 years admission bar. That is to say, he/she cannot come back within 10 years. However, if person committed aggravated crimes that involve moral turpitude, he or she will be inadmissible permanently. Your boy friend has criminal records. If one or some of these records involve moral turpitude, waiver cannot save him. If not, a waiver is worth of a try. I would seek a lawyer's assistance on that because it is not a straightforward application at all. Good luck!
Answer Applies to: Florida
Replied: 4/11/2011
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
As a general matter if someone is deported from the US, and subject to the ten year re-entry bar, a US spouse is able to apply for a green card after the ten year period is completed. However you probably want to make sure that your husband's convictions did not subject him to permanent inadmissability before you start the process. I don't have enough information to evaluate that from your email. You should go to the court where your husband was convicted and request a certified copy of the final disposition of his case. Take that to a competent immigration attorney and ask them to evaluate his record to see if any issues are present. Otherwise you are allowed to file for a green card via consular processing and don't need to file a wavier!
Answer Applies to: California
Replied: 4/8/2011
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