QUESTION
Is it possible to bring a husband or fiance to the US who has been deported? Which petition should be submitted?
Asked on Sep 06th, 2013 on Immigration - Texas
More details to this question:
Please tell me first if its possible to bring husband or fiancé if that person was deported and which petition would bring him faster as a husband or fiancé?
4 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. Since we do not have all the facts, it is impossible to give a completely accurate answers. Why was he deported? Does he have a criminal history, and if so, for what crimes?
Answered on Sep 09th, 2013 at 11:49 AM
Immigration and Naturalization Attorney serving San Diego, CA
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Feldman Feldman & Associates, PC
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Yes it may be possible depending on the basis for the deportation, the status of the Petitioner, whether there was any underlying criminal conviction, whether a permanent bar was triggered by the person coming back or attempting to come back to the U.S. after departure, and assuming a waiver is required the equities of the waiver.
Answered on Sep 09th, 2013 at 7:21 AM
More information is needed. In some situations, where the fiance or husband was a green card holder, such efforts to file and process a form I-130, among other forms, may prove futile as a matter of law and/or discretion. The experience, effort and time that goes into these sorts of visa processing situations is monumental, even for a competent and experienced immigration attorney. In addition, the USCIS or State Department reserves the right during the process to deny, review, and/or recommend revocation of a visa petition or waiver. I strongly recommend that you schedule an appointment with a competent and experienced immigration attorney. Perhaps, you should consider emigrating to his home country as an option. Good luck.
Answered on Sep 06th, 2013 at 10:15 AM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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It depends on the circumstances of the deportation and whether your husband is eligible for a waiver. As long as he is eligible for a waiver, you can petition for your husband on form I-130. Both your petition and his waiver application(s) must be approved before he will be permitted to return to the US.
Answered on Sep 06th, 2013 at 9:15 AM