returning illegally

Under the law, anyone who is here illegally for an aggregate period of one year on or after April 1, 1997, leaves the US, and then attempts to reenter the US illegally falls under the "permanent bar" under which he or she would only be eligible for immigration if the Department of Homeland Security allows permission to reenter after the 10 year period. The question is whether he was here illegally for an aggregate total of one year illegally before going back home. If so, you could file for your fiancé, but the decision of whether he would be admitted remains in the discretion of DHS after considering the further application to waive the "permanent bar." If he was here less than one year illegally, he would not be barred as removal alone without other aggravating factors is at most a 10 year bar. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.