Will I get a marriage visa if my fiance entered illegally and got a DWI? 3 Answers as of March 03, 2011

My fiance entered the United States illegally. The he was pulled over for DWI. He had to serve a few hours in jail and paid the fine. This happened on February of 2009. He was not deported but, now he is back in Mexico and this time I want to bring him legally. Can we apply for marriage visa? Is there hope or should I just give up? Is the DWI a really big down fall? I am a citizen. How long will this process take? Please help. Thank you.

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
The problem is that your fiance returned to Mexico. Once he attempts to petition through you and return, he is subject to a 10-year fine. But there is good news. You can petition for him, and a DWI is not a crime involving moral turpitude unless the case involved serious danger or harm to others. There is a device under section 212 of the Immigration Act that will help him. If you want to have my help, feel free to call or e-mail me for an appointment.
Answer Applies to: California
Replied: 3/3/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
I would recommend you get married and bring him directly as an immigrant - this doable but will take about a year. With regard to the DWI he will need to show that he is not an alcoholic when he goes for his immigration physical. A drug and alcohol evaluation close to that time may be required. If he was in the U.S. for more than 180 days before returning, then he will also be required to get a waiver of his unlawful presence. These case as are complicated and very fact specific so I would suggest a consultation to go over the facts of his case.

I would be happy to consult with you on your case. I do charge for consultations but whatever is paid for the consultation would be a credit toward the fees for your case if you retain us for further work after the consult. The consultation can be scheduled as indicated below by contacting my secretary, Janet, by phone or at janet@feldmanfeldman.com.
Answer Applies to: California
Replied: 3/3/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
The problem will likely not be because of his DWI, but that he has previously illegally in the U.S. If he was over the age of 18 and was illegally in the US for more than 1 year he is barred from returning for 10 years unless a waiver is granted. The processing time for such a case, from the filing of the I-130 petition, through immigrant visa interview to waiver decision is at least 12 months. There is no guarantee that a waiver will be granted and they are difficult to get granted without the assistance of an attorney.
Answer Applies to: California
Replied: 3/2/2011
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