Will my boyfriend be able to come back to the United States if his sentence is reduced? 3 Answers as of July 30, 2011

My fiance was deported for a charge in 2001 where he received 10 years suspended sentence and 2 years probation.He has two young kids which he was fighting for custody because they were being abused by their mother and the mother's boyfriend.If we get his sentence reduced can he be allowed back in the united states?

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Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
We will need to see the criminal court minutes to answer the question.
Answer Applies to: Nevada
Replied: 7/30/2011
Christian Schmidt, Attorney at Law
Christian Schmidt, Attorney at Law | Christian Schmidt
Your boy friend faces two obstacles. First, he cannot return for a period of 10 years because of his deportation. The bar may be waived if you are a U.S. Citizen, marry him, and file an immigrant visa petition for him which gets approved. He will then be eligible to file for a waiver of the 10 year bar. Secondly, his conviction may still bar him even if you marry and receive the waiver. You need to consult with an experienced immigration attorney who reviews his conviction record and determines whether his conviction bars him permanently.
Answer Applies to: California
Replied: 7/27/2011
Fong & Associates
Fong & Associates | William D. Fong
A reduction in a criminal conviction does not affect the US immigration consequences. In determining violations, the USCIS looks at the maximum possible sentence under the criminal code, not what is actually ordered by the court.
Answer Applies to: Texas
Replied: 7/26/2011
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