QUESTION
Can I petition my fiancee since I need him to help me in my daily life?
Asked on Nov 06th, 2011 on Immigration - California
More details to this question:
I have been deemed disabled since 2009. My fiancee of 2 years was deported after misdemeanor DUI. Can I petition his return. His care and assistance is essential to my daily life functions. This causes great hardship to me. How can he re-enter legally? What are the options? He is a Nicaraguan native.
5 ANSWERS
Immigration Law Attorney serving Los Angeles, CA
at
Law Offices of Alan R. Diamante APLC
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Yes, he can apply for a waiver.
Answered on Jun 02nd, 2013 at 9:44 PM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
You can certainly petition for him. The timing and chances of success revolve around his immigration and criminal history, whether he reentered the U.s. after being deported or accruing unlawful presence, whether you are a U.S. citizen or permanent resident, his eligibility for a waiver and a consideration of the equities such as your disability.
Answered on Nov 10th, 2011 at 10:01 AM
Assault Attorney serving Richardson, TX
2 Awards
You can not petition for a non-relative. If you marry him you can then file.
Answered on Nov 08th, 2011 at 10:30 PM
Immigration and Naturalization Attorney serving San Francisco, CA
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The Law Office of Christine Troy
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You can petition for him but will need to file an extreme hardship waiver to overcome his reentry bar. You need to consult with a competent immigration attorney who specializes in deportation/removal to determine the likelihood of success. Your boyfriend is subject to ten years in federal prison if he is caught entering the US illegally. This also makes him ineligible to get a green card.
Answered on Nov 08th, 2011 at 9:44 PM
U.S. Immigration and Nationality Law Attorney serving San Diego, CA
Partner at
Kazmi & Sakata
1 Award
Yes, you can file a fiance visa. Once he processes the visa, he may be found inadmissible. Then, you will apply for a Waiver of the inadmissibility based on your hardship.
Answered on Nov 08th, 2011 at 6:47 PM