How can my boyfriend obtain immigration papers after being deported? 7 Answers as of January 26, 2011

My boyfriend and I would like to get married and get him papers. However he has been deported before (Apr. 2010). How long do we have to wait or what is the best way to apply to get him here legally? Would he qualify for a Fiance Visa or would I be better off going to Mexico and getting married down there and applying for I130? Please help us. Thank you!

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

Free Case Evaluation by a Local Lawyer: Click here
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
We would be happy to help you and can discuss the pros and cons of the two visa types but both will require an I-601 waiver and I-212 waiver. Why was he deported?

I would suggest a consultation where we can go over all the issues, fees, procedures, and timing to get him back here. I can be contacted as indicated below.
Answer Applies to: California
Replied: 1/26/2011
Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
Your boyfriend will likely have to wait at least 10 years before he can legally apply for entry into the U.S.
Answer Applies to: Virginia
Replied: 1/21/2011
441 Legal Group, Inc.
441 Legal Group, Inc. | Gareth H. Bullock
Your boyfriend will need to apply for readmission after deportation and possibly apply for a waiver.
Answer Applies to: Florida
Replied: 1/20/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
He has to apply for a waiver first. You need a lawyer to help you with that! then you can file I130 for him. Good luck.
Answer Applies to: Florida
Replied: 1/19/2011
William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
Get married and file a I-130.
Answer Applies to: Tennessee
Replied: 1/19/2011
    Nicastro Piscopo, APLC
    Nicastro Piscopo, APLC | Louis M. Piscopo
    Since your boyfriend was deported less than 10 years ago a Fiance Visa (K1) would not be granted. The only option is for you to go to Mexico and marry him. Then file an I-130 petition. Since he was deported less than 10 years ago, he will also need an I-212 approved and likely an I-601 waiver due to prior unlawful presence. He may also need another I-601 waiver depending on the reason why he was deported. All of these are difficult to get granted and would require the assistance of an experience immigration attorney.
    Answer Applies to: California
    Replied: 1/19/2011
    Calderón Seguin PLC
    Calderón Seguin PLC | Ofelia L. Calderon
    In this scenario, it is better for you to go and marry him and then file the I-130. When the I-130 reaches the U.S. Embassy, he will be called for an immigrant visa interview. At that time, he will need to apply for at least one "waiver" - permission to apply for admission after deportation. Without knowing the circumstances of his deportation, I cannot say for sure but the vast majority of these cases also require an I-601 "waiver" of his unlawful presence in the U.S. If there were other reasons for the deportation, there may even be another "waiver" required. These are not simple cases so I would strongly suggest that you see an attorney to assist you.
    Answer Applies to: Virginia
    Replied: 1/19/2011
Click to View More Answers: