Asked on Sep 05th, 2013 on Immigration - Tennessee
More details to this question:
My boyfriend came to the states when he was 14 and attended high school here. He also has a son that is a US citizen that was born in 2010. Also, in 2010 he was deported and now lives in Honduras. We are trying to figure out the process for him to get a waiver and be able to try to come back to the States. Is it better for him to go to an attorney there in his country or better for it to be done here in the states?
It would be better for your boyfriend to obtain an attorney in the States as you will require a lawyer well-versed in US immigration law and not of Honduras. Any waiver application would not be filed in Honduras, but at a lockbox of U.S.C.I.S. in the States. I note that a waiver is not available if your boyfriend's only US relative is a three-year-old child. To obtain a waiver of the illegal presence bar for having been illegal in the country, you must prove that a US citizen or permanent resident parent or spouse would suffer extreme hardship if the waiver was not granted.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.
It doesn't matter where the attorney is as long as they are competent in filing for a waiver. However, your boyfriend may not be eligible for a waiver depending on why he was deported.
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