How can my fiance immigrate to the United States?
Submitted by
LawQA.com on October 27, 2011 - 10:28am
My fiance was deported with a 10 year bar. Iam going to go to Mexico so we can get married. Can we file papers to get him back to the United State after we are married? Or does he have to wait the full 10 years before we can file?
Submitted by Alexander J Segal on October 27, 2011 - 10:49am
You can petition for your fiancé. However, whether he can enter the United States again depends upon the reasons for his deportation. If he was deported for overstaying a visa or for being illegally present, then he would be eligible to seek a application for readmission after removal and a hardship waiver. This would allow him to re-enter before the ten year period expires, but requires showing extreme hardship to you if he cannot enter before the 10 years has run. However, if your fiancé was deported for a criminal matter or fraud, then he may or may not be eligible for a waiver depending upon the circumstances. It would be in your best interest to speak with an experienced immigration attorney about the case.
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