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My boyfriend came to the United States with a passport. The problem was that his passport finished and he stayed here. He lived her since he was 7 years old. Last year, on January 28, he left back to Mexico because he was afraid to get deported. We have now been together for 5 years and we have 2 children together. One is 3 and the other is 1.
3 ANSWERS
Once he left, he triggered an automatic 10 year bar to reentry, which can only be waived by a showing of extreme hardship to a US citizen spouse, which is fairly difficult to do in most cases. Had he stayed, if he initially entered the US lawfully, he could have adjusted status to permanent residence on the basis of a valid marriage to a US citizen within about 4-5 months.
Answered on Feb 28th, 2014 at 7:21 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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The first thing that you need to do is to get married in Mexico. After you have been married, you can file and I-130 relative petition on his behalf. If the petition is approved, the file will be transferred to the National Visa Center where he will be required to file his immigrant visa application and submit his civil documents. As long as he did not reenter the US illegally after returning to Mexico last year, he should be eligible to apply for a waiver of the 10-year bar for having accumulated more than 1 year of unlawful presence in the US.
Answered on Feb 27th, 2014 at 8:02 PM
Immigration Law Attorney serving Glendale, CA
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Law Office of Josue S. Villanueva
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File petition for him.
Answered on Feb 27th, 2014 at 7:27 PM