QUESTION
Can I petition for a fiancé visa for my fiancé who was deported to Mexico?
Asked on Oct 04th, 2012 on Immigration - New York
More details to this question:
He was deported to Mexico in December 2011 after serving probation on a driving without a licence charge.
2 ANSWERS
Civil Litigation Attorney serving New York, NY
at
Havens & Lichtenberg PLLC
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As a result of his deportation, your fiance cannot come to the U.S. for 10 years, unless he applies for a waiver of inadmissibility (a permission to apply for a visa after deportation). If you marry him in Mexico, it can help to get the waiver. Please tell your fiance that he should not, under any circumstances, try to come back without a visa: if he does that, he will become permanently inadmissible to the U.S., and even if he would have a family here in a desperate need of him, he would not be able to apply for a waiver until he spends 10 years outside the U.S.
Answered on Oct 08th, 2012 at 2:00 PM
Immigration Law Attorney serving New York, NY
Partner at
Oltarsh & Associates, P.C.
You can petition for your fiance but he will likely require two waivers: one for reentry following a removal; and the second if he was in the US unlawfully and left the country which triggers a ten year bar. The law permits waivers on behalf of USC fiance's, however you have to demonstrate hardship. It is harder to do if the relationship is just beginning. Waivers are difficult so I would suggest finding competent counsel.
Answered on Oct 07th, 2012 at 11:50 PM