What type of form do I need to apply for my boyfriends green card? 1 Answers as of April 13, 2011

My boyfriend and I plan to get marry in Mexico in May and after that I will apply for him (I am a US ciziten) to get his green card. Thing is he stole something that was worth less then 50 dollars and ICE had a hold on him. I couldn't get him out because the bond was so high. So he did the voluntary deportation. He was in the US with a visa since the age of ten but since time went by he and his mother stayed. Will this effect him at all? The lawyer I hired said I could get him his green card without a problem. Is that true?

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Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
If you boyfriend was in the US unlawfully or out of status for more than 180 days after he turned 18 years old, he is barred from returning for 3 years. If he was unlawfully in the US for more than 1 year after turning 18, then the bar is 10 years. He would need a waiver in order to be able to come in less than 3 or 10 years. Also, if he was actually deported, as compared to given voluntary departure, he could also be barred for 5 years from returning. You should speak to the attorney who handled his case to find out, or contact another immigration attorney regarding his matter and provide them with all of his immigration documents.
Answer Applies to: California
Replied: 4/13/2011
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