QUESTION
Can I petition my fiance who lived once here in the US as illegal?
Asked on Sep 08th, 2012 on Immigration - Texas
More details to this question:
My fiancé left to our country 2 months ago. He lived here in the U.S for almost 2 years but had to fly back for personal problems . He does not have any criminal record nor was deported at all. My question is, is he able to come back to the U.S . legally if me as an American citizen do the petition for him?
6 ANSWERS
Immigration Law Attorney serving New York, NY
Partner at
Oltarsh & Associates, P.C.
He can come back legally but is subject to ten year bar for which you will need a waiver. Contact a competent attorney to help you.
Answered on Sep 20th, 2012 at 3:42 PM
He will be barred from reentry for a period of 10 years because of the unlawful presence time in the US, unless he can get a waiver of that bar on the basis of showing extreme hardship to a US citizen spouse, which is fairly difficult to do in most cases.
Answered on Sep 20th, 2012 at 2:30 PM
Criminal Defense Attorney serving Alhambra, CA
at
Francis John Cowhig
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Only if you are married or you wish to file for a fiance visa.
Answered on Sep 19th, 2012 at 9:55 PM
Immigration Law Attorney serving Los Angeles, CA
at
Law Offices of Alan R. Diamante APLC
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He will not be eligible for a fiance visa if he had unlawful presence in the United States after 4/1/97. However, if you marry him abroad he can apply for a waiver with the family petition process.
Answered on Sep 14th, 2012 at 5:29 PM
Immigration Attorney serving Madison, WI
at
Wren & Gateways Law Group, LLC
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It is possible, but you should work with an attorney. You're situation is too complicated to easily succeed on your own.
Answered on Sep 14th, 2012 at 5:28 PM
Immigration Attorney serving Arlington, TX
at
Law Office of Pho Ethan Tran, PLLC
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Yes. However, he's subject to the 10-year bar because he was unlawfully present in the US in excess of one year. He would be eligible for a waiver if his spouse or parents are legal residents or US citizens.
Answered on Sep 14th, 2012 at 5:26 PM