More details to this question:
I'm 18, he's 23. He is illegal & we've been together for 4 years. He's gotten a ticket before but paid it off right away. But when I was 16 & he was 19 we got pulled over and he was arrested charged with "indecency with a child". Since the law is only to date someone less than 3 years older. He was in jail almost 2 months then sent to Mexico. He's came back illegally again and is here now. I want to get married & fix his papers. would it be possible?
3 ANSWERS
You need to meet with an attorney and discuss it. From the facts that you presented though, it seems that your boyfriend maybe subjected to a permanent bar.
Answered on Nov 14th, 2013 at 4:45 AM
Criminal Law Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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Since he came back after being deported or "sent to Mexico", he has triggered the permanent bar. What it means is that he has to go back to Mexico for 10 years before he can come back on your petition. At that time, he will still need a waiver if he was deported. (He may also need a criminal waiver depending on the criminal statute he was convicted under). I do recommend that you see a competent attorney to explore other ways to help you including but not limited to U.S. visa if he was a victim of a crime.
Answered on Nov 13th, 2013 at 1:28 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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If your boyfriend reentered the country illegally after having been unlawfully present in the U.S. in excess of one year, he is banned or inadmissible to the United States for a period of ten years without any waivers available to him. Thus, he must return to Mexico for at least 10 years before he will be permitted to come back.
Answered on Nov 13th, 2013 at 1:26 PM