How can I bring my fiance to the US after being deported? 5 Answers as of May 04, 2011

My fiance was deported back to Mexico a month ago we were planning on marrying this summer. How can I get him back home or can I go there and marry to get him back. We have been together for 5 yrs and he had been in the states illegally for 14 yrs.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
I am sorry to hear of yours and your fiance's misfortune. Unfortunately, it is very difficult to succeed in getting your man back. He has been effectively banned for at least 10 years, unless he gets permission to file for a waiver allowing him to apply for legal residency through section 212a of the Immigration Act (INA). That is a three-fold process that is not easy, but the only out you have. The fact that you're not married makes it impossible for you to act as a petitioner in this case, he has to have someone in his immediate family otherwise (parent, child) who is a citizen or legal resident to demonstrate severe hardship on their part. If you want to discuss this further, please feel free to call/e-mail to set up a phone or in-person consultation.
Answer Applies to: California
Replied: 5/4/2011
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
It depends on many variables, what was he removed for? How many years? Was a crime involved? What kind of a crime, etc. Generally, once removed you will have to wait 10 years before applying for re-admission. He will have to prepare and submit a good I-212 waiver before being let back into the US. Consult an attorney since a waiver can help break the 10 years and have him re-admitted sooner. I have to tell you that USCIS is being very strict with the 10-year bar although they always have discretion to reduce it. Good luck!
Answer Applies to: California
Replied: 5/3/2011
Devore Law Group, P.A.
Devore Law Group, P.A. | Jeffrey A. Devore
The answer to your question depends upon your immigration status and why your fiance was deported. Schedule a consultation with an immigration attorney to review his case.
Answer Applies to: Florida
Replied: 5/1/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
We will need to know all the details of the deportation and especially if there was any accompanying criminal record, any prior departure from the U.S. after accruing unlawful presence, any border stops where he was previously deported, to properly advise you. If he only has the deportation, has not returned to the U.S., is married to a U.S. citizen then a petition can be filed by the U.S. citizen, requirements for admissibility established (other than the unlawful presence and deportation) and then file a waiver. It is doable but not easy and not cheap. We can be contacted at the number below if you would like to discuss further whether he would be a candidate for this process.
Answer Applies to: California
Replied: 5/1/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
He is barred from coming to US for 10 years as result of deportation. There is not much you can do. You may try to get a waiver.
Answer Applies to: Florida
Replied: 5/2/2011
Click to View More Answers: