What can we do to bring my fiancé back to the United States after he was deported? 6 Answers as of January 24, 2011

My fiance was deported on November 2010 to Brazil. When he entered the US trough the border he was detained and released. He never got any court date or information about it. By that time, his English was very limited. He stayed in the US for 5 years got his stable job, got car insurance in his name, cell phone accounts, checking accounts and never in trouble with the law. We had our wedding date set for December 2010 but unfortunately ICE came into my house, he was there that morning and was taken and deported. I have heard so many different views, but I still have hope to have him back with our family. My dad is an active duty military for the last 23 years, served in Afghanistan for 2 years, I have a very good job with a company contracted with the Federal Government. I have clearance and have never been in trouble with the law. I want to know if we can apply for an I-212 or for forgiveness? Please Help!

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Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
No, unfortunately, I do not see any waivers of inadmissibilty applicable to your fiance nor claims of extreme hardship on your part under the facts described that could allow your deported fiance to return to the United States any time sooner than 10 years from the date that he was deported since he apparently first entered the U.S. illegally and without inspection.
Answer Applies to: Virginia
Replied: 1/24/2011
The Vega Law Firm
The Vega Law Firm | Linda Vega
You must first determine what makes him inadmissible in order to file the proper waiver under 212.

Why was ICE at your house? Perhaps there is more information that can help you and you situation. Please consider going to see an attorney for assistance.
Answer Applies to: Texas
Replied: 1/24/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
Nobody is beyond the law. So sorry you having a great job and you father serving the military won't work. However, you can try to apply for I-212. Talk to a lawyer to assess your case so that your petition has merit. Good luck! By the way, you are welcome to talk to us!
Answer Applies to: Florida
Replied: 1/24/2011
Pauly P.A.
Pauly P.A. | Clemens W. Pauly
You need to apply for a fiance visa and once that is approved and the visa process moved to the US Consulate in Sao Paulo or Rio, you need to get the I-212 approved. This will all depend on the details of his removal and you need to consult with an immigration lawyer.
Answer Applies to: Florida
Replied: 1/24/2011
William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
Fiance means nothing, get married, wait two years, and file an I -130.
Answer Applies to: Tennessee
Replied: 1/24/2011
    Nicastro Piscopo, APLC
    Nicastro Piscopo, APLC | Louis M. Piscopo
    It appears that your your fiance was ordered removed/deported in absentia because he did not appear at his hearing. Also, it appears he was unlawfully present in the U.S. for more than one year at the time he was physically deported. If so, he needs both an I-212 to "waive" the 10 year bar caused by the deportation. He also needs an I-601 waiver to cure another 10 year bar caused by his being unlawfully present in the U.S. for more than 1 year. Both of these can be filed together after he is interviewed for an immigrant visa at the U.S. consulate in Brazil. The immigrant visa would have to be based on an I-130 petition filed by you for him after you get married. Both waivers are difficult to get granted, and you must present strong evidence that you, as the US Citizen spouse, would suffer extreme hardship if they are re not granted.
    Answer Applies to: California
    Replied: 1/24/2011
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