QUESTION
If we marry in Mexico, can my boyfriend go back to US on a spouse visa?
Asked on Apr 07th, 2013 on Immigration - Texas
More details to this question:
I am interested in marrying my boyfriend of several years which returned to Mexico 3 1/2 years ago to take care of his father. He originally entered the United States undocumented and stayed many years, even owning successful restaurants. He was never in any legal trouble here except a minor traffic ticket which he had a lawyer take care of for him. I have been to visit him in Mexico a couple of times since he returned. If we chose to get married in Mexico and went through the process to get the permits to do so, what are the likely chances he could return to the United States with me a spouse visa.
5 ANSWERS
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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By entering without inspection and staying over 1 year, your boyfriend earned himself a 10-year bar from any legal entry into the U.S. It means that, even if you get married and you file an I-130 immigrant petition for him, he would not be able to come to the U.S. for 6.5 years. The only exception can be granted if you have some special circumstances that make keeping your husband out of the U.S. an extreme hardship for you. If you think this might be the case, talk to an immigration attorney.
Answered on Apr 11th, 2013 at 12:22 AM
If he was in the US unlawfully for more than 1 year, he is barred from reentry for 10 years unless he can get a waiver on the showing of extreme hardship to a US citizen spouse, which is fairly difficult to do in most cases. If he has only been out of the US for 3.5 years, it looks like he may be barred from entry to the US for another 6.5 years.
Answered on Apr 10th, 2013 at 1:19 AM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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His chances depend on the exact circumstances of your case. But besides filing and getting your I-130 petition processed, he will also need to submit a I-601 waiver for the 10-year bar because he had left the country after having been unlawfully present in the United States in excess of 1 year. In order to get the waiver approved, you will need to submit substantial evidence to prove that you would suffer extreme hardship if he was not allowed to return immediately.
Answered on Apr 08th, 2013 at 12:06 PM
Immigration and Naturalization Attorney serving San Francisco, CA
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The Law Office of Christine Troy
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It sounds like he is subject to a ten year bar a portion of which he has completed. You can sponsor him for a green card via marriage and will then need to file an extreme hardship waiver. If that is approved, he will be able to enter the US before the 10 years are completed. I recommend that you consult with a competent immigration attorney in your area who does I-601 waivers so you can fully determine his rights and eligibility.
Answered on Apr 08th, 2013 at 12:06 PM
2 Awards
There are many more questions than answers for this. How many times did he enter without inspection? How long has he been out of the country? There's no stopping your marrying him, however, there may be a ten year bar on his returning to the USA.
Answered on Apr 08th, 2013 at 12:06 PM