QUESTION
Is it true that my fiancé is ineligible to come to the US with me because of returning after deportation?
Asked on Nov 09th, 2013 on Immigration - Washington
More details to this question:
We did a background check. She said because he had been deported then returned to us and then deported that he was ineligible to come to US to be with me and get married. When he asked what else we could do, she said to send her more money and she would look more at his criminal record but we did the FBI check and he doesn't have a criminal record. We really are in love I know it sound cliché but it’s true. Is there anything else he can do? He has been out of the US for 13 years.
3 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. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. (S)he would then be in a better position to analyze your case and advise you of your options.
Answered on Nov 12th, 2013 at 10:15 PM
Business/ Commercial Attorney serving Bellevue, WA
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Lana Kurilova Rich PLLC
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Not really: With one illegal entry, there is a chance. But when a person enters the US illegally, leaves or gets deported, and then that person enters the US again illegally, I am sorry, but there is no way to legalize that person. It does not matter how much time has gone by.
Answered on Nov 12th, 2013 at 10:14 PM
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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Your fiance is permanently inadmissible to the U.S. under Section 212(a)(9)(C)(i) of the Immigration and Nationality Act. However, if he can prove that he has been outside of the U.S. for over 10 years, he can apply for a waiver of inadmissibility. If he becomes your husband and if, in fact, he has no criminal record, his application will have reasonable chances of approval (sending more money to "she", whoever that might be, will not increase these chances; engaging a competent attorney to handle the case - might)
Answered on Nov 12th, 2013 at 10:14 PM