More details to this question:
My husband was deported about a year ago and was banned for 10 years. It was his only time being deported and he has no criminal backround. We are not legally married. We only live together. Is it a good idea for us to get married at the border or for me to pettition for him as my fiance? and should I ask for a waiver or a pardon first? I have no idea where to start.
5 ANSWERS
Was he convicted of any crimes that got him deported?
Answered on Jul 02nd, 2013 at 12:50 AM
Immigration Law Attorney serving Los Angeles, CA
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It seems strange that he did not obtain voluntary departure instead of deportation. You need to marry first and then he will have to apply for two waivers. He will not get a waiver with the fiance visa.
Answered on Mar 27th, 2012 at 11:21 PM
Assault Attorney serving Richardson, TX
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You need to get married in order to be able to sponsor him. He will need a waiver of the unlawful presence with a finding of extreme hardship to you once you are married in order to get back unless he waits the 10 years.
Answered on Mar 27th, 2012 at 11:10 PM
You have to be married first because in order to petition for him, he must have a US citizen spouse. However, he will need a waiver of the 10 year bar to reentry, and that will only be granted if he can prove extreme hardship to a US citizen spouse. This is fairly difficult to do in most cases. You should really consult with an immigration attorney to understand what your chances in this would be, given your specific set of circumstances.
Answered on Mar 27th, 2012 at 1:40 PM
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You cannot file. It is not a good idea to get married for the purpose of obtaining green card
Answered on Mar 27th, 2012 at 1:20 PM