What's the best way to fix my boyfriend's papers so that he won't get deported? 17 Answers as of July 08, 2013

He's in Mexico right now and I don't know which way to do it so that I can fix his papers so that I wouldn't have to worry about him being deported. We'd like to start a family without the daily stress of his illegal status. Is getting married in Mexico a faster process? He has a clean record here and he has done all of his taxes. The only down fall is he's illegal here, but now he's in Mexico with his family. He wasn't deported though. Whats my best chance and way to fix his papers and the cost? I need answers.

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
The problem is that he returned to Mexico, while being illegal here. If he returned after living here over a year, he is subject to a 10-year ban the moment he appears for his interview at the U.S. Consulate in Juarez. However, it is possible to obtain a waiver based upon marriage if you marry in Mexico. The hardship you would have to prove is your extreme and extraordinary hardship. Honestly, though, it was better if he had stayed.
Answer Applies to: California
Replied: 6/29/2012
Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
How long was he in the US before going back to Mexico?
Answer Applies to: California
Replied: 7/2/2013
Carol Beth Wolfenson | Carol Beth Wolfenson
Once he has gone to Mexico he cannot returnh for 10 yrs (if he was illegal for 1 yr or more) If you marry him in Mexico and file his papers, you will have to file a 601 waiver and prove extreme hardship to you for the waiver to be granted.
Answer Applies to: New York
Replied: 1/9/2012
Law Offices of Alan R. Diamante, APLC
Law Offices of Alan R. Diamante, APLC | Alan R. Diamante
You can marry in Mexico and file a family petition. He might need to file a I-601 waiver. The costs are about $1600 plus attorney fees.
Answer Applies to: California
Replied: 1/9/2012
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
If your boyfriend is already in Mexico after overstaying here he has already accumulated unlawful presence and requires a waiver to come back. Do not let him come back again illegally or he will trigger a permanent bar. If he has gone down more than once after overstaying or being illegal here he may already be out of luck to file quickly. I suggest a consultation with an experienced immigration attorney ASAP before he travels.
Answer Applies to: California
Replied: 1/9/2012
    Morinaka Law Office LLC | Chase Morinaka
    First, it sounds like he has been illegal in the U.S. already. Depending on how long he was here he is probably barred from entering the country. More than likely you will need a waiver of his inadmissibility. Secondly, being married in Mexico is a good first step to bringing him to the U.S.. The marriage or fiance status will provide the family relationship needed to immigrate through you. Although there may be a good chance that your boyfriend can some day be legal, the entire process may take several years.
    Answer Applies to: Oregon
    Replied: 1/8/2012
    Philip M. Zyne, P.A.
    Philip M. Zyne, P.A. | Philip M. Zyne
    From the information you have provided, if you are a US Citizen you could either do a fiance petition or you can marry him and do an immigrant visa petition. However, if he was previously in the United States in an unlawful status, he may be subject to the 3 or 10 year bars. In that case, he would need a waiver, which is costly and time consuming.
    Answer Applies to: Florida
    Replied: 1/7/2012
    Calderón Seguin PLC
    Calderón Seguin PLC | Ofelia L. Calderon
    You need to file a petition on his behalf and then he will need a waiver for his illegal time here in the U.S. The petition is $420 to the U.S. government. The visa application is approximately $485 and the waiver application is $585. I cant tell you about lawyers fees because those fees vary from lawyer to lawyer. This is a complicated process. You would be best served sitting down with an experienced attorney to get a detailed explanation of what you will need for the waiver.
    Answer Applies to: Virginia
    Replied: 1/7/2012
    Reza Athari & Associates, PLLC
    Reza Athari & Associates, PLLC | Reza Athari
    If he has entered and re-entered mutiple times, he may have a big problem.
    Answer Applies to: Nevada
    Replied: 1/6/2012
    Verdin Law Firm, LLC
    Verdin Law Firm, LLC | Isaul Verdin
    Best way is for you to go to Mexico and get married and then seek consular processing for him. Contact an immigration lawyer for details. Best of luck.
    Answer Applies to: Texas
    Replied: 1/6/2012
    Immigration Law Offices of Misiti Global, PLLC.
    Immigration Law Offices of Misiti Global, PLLC. | Nicklaus Misiti
    You best bet is to speak with and retain an immigration attorney to review his facts and file the appropriate application/s. Because your fiance was present in the US illegally, his case will be more complicated.
    Answer Applies to: New York
    Replied: 7/8/2013
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    I need more information to properly answer your question. As an initial matter, you will most likely need to marry him in Mexico and petition for him to receive an immigrant visa. He should not enter the country illegally as he will be ineligible for a green card. He may need a waiver if he was previously in the country illegally, but this will depend upon his age when he was here, how long he was here, etc.
    Answer Applies to: New York
    Replied: 1/6/2012
    Wildes & Weinberg, P.C. | Leon Wildes
    You can go there to marry him. However, he may not be eligible for an immigrant visa if he was in the USA for over six months illegally. If he has a visa to reenter, you may consider marrying him here.
    Answer Applies to: New York
    Replied: 1/6/2012
    Law Office of Immigration & International Trade Law
    Law Office of Immigration & International Trade Law | Linda Liang
    Fiance visa would be the best option for you. But there are a few requirements for that.
    Answer Applies to: Florida
    Replied: 1/6/2012
    The Law Offices of Kristy Qiu
    The Law Offices of Kristy Qiu | Mengjun Qiu
    You need to seek a waiver for him first, then get a K1 visa. Getting married in Mexico then process his papers is a slower process. It will be faster to get married in the US. I recommend that you seek professional help, as the waiver process is not so easy.
    Answer Applies to: Florida
    Replied: 1/6/2012
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney