QUESTION
What can I do to help my fiance with immigration and deportation?
Asked on Jul 08th, 2011 on Immigration - California
More details to this question:
My fiance went back to Mexico to get his visa so we wouldn't have to worry about him getting deported. He had someone helping with paperwork but they hadn't done anything after 7 months so he tried crossing illegally. Got 10 yrs deportation... tried again with papers but the papers that this guy that we were dealing with gave us took our money and gave us fraudulent papers so when he tried to cross he got another 10 years.. he now has 20 yrs deportation and we have a 5 yr old together that needs his father around as well as I need him around to help support us... is there anything that I can do to get him back over here?
4 ANSWERS
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
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First step is to have competent counsel assess your complete situation and review the order he has gotten. There are situation where ineffective assistance of counsel may give you another chance - I don't' know if this is one or not.
Answered on Jul 18th, 2011 at 12:09 PM
Criminal Law Attorney serving Las Vegas, NV
at
Reza Athari & Associates, PLLC
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He has triggered the permanent bar. He must stay outside US for at least 10 years and apply for a waiver at that time.
Answered on Jul 16th, 2011 at 8:11 AM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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You won't be able to get him the K-1, but if you are married you have a chance for the K-3 or better yet, file for the immigrant visa directly. You will need a waiver for the immigration violations and you will need to show an extreme and unusual hardship to you or your USC child. Consult with an experienced immigration attorney. One that has worked on waivers.
Answered on Jul 16th, 2011 at 6:23 AM
Immigration and Naturalization Attorney serving San Francisco, CA
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The Law Office of Christine Troy
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If he was actually removed from the US (which is a legal term) and then was caught trying to reenter, that actually triggers the permanent bar and he can never get a green card. You need to seek an appointment with a competent immigration attorney. Bring any paperwork that your husband signed or was given by DHS and have the attorney analyze what exactly happened: catch and release, or actual removal. This will determine if you are able to sponsor him for a green card.
Answered on Jul 16th, 2011 at 5:35 AM