QUESTION

After being deported, what is the quickest way to re-enter the US legally?

Asked on Jul 29th, 2012 on Immigration - California
More details to this question:
My fiance was deported to Mexico while at work 3 months ago. He was in CA for 5 years. Didn't go to highschool in CA because he graduated in Mexico. Never had any trouble with the law and never arrested. He signed the voluntary waiver because he was told it was the only option. He is 23 with 3 little kids in the US with his ex. We have been together for a year and a half and I am living in Mexico with him unable to find a job because I'm not bilingual. He was caught at work while working on boats, nothing unlawful but being illegal in the U.S.. I am legal and was born in California. The company has offered to sponsor him or help in any way to have him back with the company. We need to find a way to have him legal as soon as possible. Is there any way to re-enter legally soon like with a visa? If so, what are the options?
Report Abuse

7 ANSWERS

He is barred from reentry to the US for a period of 10 years because of his unlawful presence in the US unless he can get a waiver of that bar by showing extreme hardship to a US citizen spouse, which is fairly difficult to do in most cases.
Answered on Sep 11th, 2012 at 2:42 PM

Report Abuse
Immigration and Naturalization Attorney serving San Diego, CA
3 Awards
As a U.S. citizen you can petition for your spouse to return. It will take 7-12 months and he will need a wavier because of his unlawful presence here and deportation. If you want to discuss the details of the process, procedures, fees, etc. contact me at the number below and set up a consultation.
Answered on Aug 15th, 2012 at 5:38 PM

Report Abuse
Criminal Law Attorney serving Las Vegas, NV at Reza Athari & Associates, PLLC
Update Your Profile
Get married and come and see me. I will apply for appropriate waiver(s) to bring him back.
Answered on Aug 15th, 2012 at 5:38 PM

Report Abuse
Immigration Law Attorney serving Long Beach, CA at Law Offices of Brian D. Lerner
Update Your Profile
Hello: *Permission to Reenter, Consulate Processing and Waiver of the 3/10 year bar * There are three packages that must be completed. The Consulate Processing, the Permission to Reenter and the Waiver of Inadmissibility. A Consulate Processing package needs to be done for the Family Petition. This is a petition that will allow your loved one to come to the U.S. Our firm can prepare the Consulate Processing package which goes through U.S. Immigration, the National Visa Center and then the Consulate, so it goes smoothly and correctly. A Waiver of Inadmissibility will have to be obtained. This is a package that will include a legal brief, forms, documents, exhibits and declarations. My firm can prepare the entire waiver, and attach all of the necessary documents. It will take several months for the decision, and if done correctly, there is a good chance of an approval. The Waiver essentially makes the ground of ineligibility (i.e., the 3/10 year bar) disappear so that the you will be allowed entry into the U.S. You will also need to have a Permission to Reenter done so that the deportation bar will be lifted. This is a complete package that goes to the District Director to allow entry into the U.S. many years prior to when the deportation order would allow.
Answered on Aug 15th, 2012 at 5:38 PM

Report Abuse
Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
Update Your Profile
Possibly, but no guarantees. However, the process, if available, is too complicated to explain in an email. You will need to contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your fiances case. He/she would then be in a better position to analyze you case and advise you of your options.
Answered on Aug 15th, 2012 at 3:54 PM

Report Abuse
In order for him to return to the US, you must marry him in Mexico and submit an I-130 petition on his behalf. It usually takes about 9-12 months for the petition to be processed before he is scheduled for his immigrant visa interview at the US consulate in Juarez. He will also need to submit a waiver on form I-601 due to unlawful presence in the US in excess of 1 year.
Answered on Aug 15th, 2012 at 2:52 PM

Report Abuse
You can marry him and start the sponsorship process. He will then need to file appropriate waivers at the US Consulate in Mexico. This is by no means an easy or guaranteed process as waivers are discretionary.
Answered on Aug 15th, 2012 at 2:47 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters