What's the best way to fix my boyfriend's papers so that he won't get deported? 14 Answers as of January 09, 2012

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.

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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. DIAMATNE APLC
LAW OFFICES OF ALAN R. DIAMATNE 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
Marks, Calderon, Derwin & Racine PLC
Marks, Calderon, Derwin & Racine 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
Perez & Gomez Law, LLC | Ana Maria Gomez
You need to contact an attorney before you did any type of filing and even if you are married. There are bars under Immigration law that can affect his change to adjust status to become a permanent resident based on his entries and exist to the U.S.
Answer Applies to: Minnesota
Replied: 1/6/2012
Bus & Nanthaveth, PLLC
Bus & Nanthaveth, PLLC | Rachel Irene Bus
If your boyfriend was in the U.S. for more than 6 months without legal status, he is subject to a three year "bar" or penalty and if he was in the U.S. for more than 1 year without permission, then he's subject to a 10 year "bar". That means even if he's approved for an immigrant visa to come to the U.S. after marrying you, he will have to wait outside the U.S. for 3 or 10 years before he can come back. If you can prove that it would be an extreme hardship to you if he's not allowed to come back right away, then you can help him apply for a waiver, which basically requests permission to come back, even though he has the bar against him. In my opinion, you need to discuss this situation with an immigration attorney before you make the decision to get married, so that you can fully understand what the whole process will be like for both of you.
Answer Applies to: Texas
Replied: 1/6/2012
    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
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