Thank you for your question.
If he was provided voluntary departure and does not have any criminal or immigration issues that would render him inadmissible, he may be able to process for an immigrant visa through a U.S. Consulate in Mexico.
Much depends on whether he does have any criminal or immigration issues that render him inadmissible. If yes, he may require an immigrant waiver in order to qualify for an immigrant visa.
If there are no admissibility issues, you could sponsor him for a K-1 fiancee visa if you wish to wait and marry in the U.S. or sponsor him for permanent residency (immigrant visa) if you marry now while he is in Mexico. You can find useful info at:
http://www.familytousa.com/fiance-petition-k-1-visa/
http://www.familytousa.com/immigrant-visa-processingconsu/
First you really need to consult with an experienced immigration attorney who can review his complete history, determine whether he has any admissibility issues and discuss potential options for him to return to the U.S. based on your relationship. Every case is different, and you will not obtain accurate information unless an experienced immigration attorney can review his very specific facts.
Regards,
Andrew M. Wilson, Esq.
Serotte Reich Wilson, LLP
www.srwlawyers.com
awilson@srwlawyers.com
Answered on Dec 08th, 2011 at 5:47 PM