M boyfriend was deported in Feb. of 2011 because of a misdemeanor. If I want to marry him can we get a fiancé visa so he can come back to the US and become a citizen again? Or should we try to reopen his case to see if he can get forgiveness by the USA? We would like to live in the US and start our lives over again. Or is it easier to marry him in his country and then ask for him to come back?
I need to know what the crime was to answer this question. You can file a fiance visa and apply for a waiver in conjunction with a waiver to reenter after the deportation but it is unlikely that it will be approved given he was deported recently. If you marry him abroad, you can file an I-130 petition and start his process for residency. However, an attorney will have to know his criminal history and his immigration history to give proper guidance here.
To properly advise you the immigration attorney will need to review both his complete criminal record and his deportation order and immigration history.
I would prefer a good faith marriage wherever he is, then an I-130 petition for an immigrant visa and a waiver to get him forgiveness once the visa is ready to be processed. The waiver will try to cut short the 10-year ban that was imposed upon his deportation. You dont just get it for the asking, you will have to have really good equities.
Generally speaking if he committed an offense to make him deportable, that some offense makes him inadmissible. If you are married and you can show that the offense allows for a waiver and if you can show the extreme hardship to you, then he will be eligible for the immigrant visa.
Depends on why he got deported. There may be a bar of 10 years or more against him. You need to consult wih an attorney and determine if the grounds of removal can be overcome by marriage to a US Citizen.
That depends on whether he was deported voluntarily or involuntarily. If voluntarily yes, you need a waiver, then you can get a K 1 visa for him, get married, and etc. If involuntarily he won't be able to apply for any kind of immigration process for 10 years.
Your boyfriend is likely not eligible for a fianc visa. You would need to marry him and petition for him to receive an immigrants visa. He will likely need a hardship waiver for the misdemeanor and unlawful presence. He will also need an application for readmission after removal. This is a complex case and you should speak to an attorney in person as there are many factors that will affect his eligibility and the overall likelihood of success.
Simply marrying him will not bring him back. He's been subject to removal proceedings, found removable, and the removal order has been executed. After about three years, you may be able to file a request for advance permission to reapply for admission, but that won't be a "slam dunk" case.
Go to his country, marry him there and apply for him to come in fresh.
If you want your boyfriend to return legally, the last thing you should do is bring him in illegally. You should either do the fiance visa or get married there and file an immigrant visa petition. In either case, you will need a couple of waivers. These are not easy so I definitely recommend at least consulting with an experienced immigration attorney.
Your boyfriend will need a waiver to return because of removal order. The grounds for his deportation may also bar him from returning. You should consult with an experienced immigration attorney who must assess his immigration history in order to determine what will work best.
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