Will it be an issue for my boyfriend to return to the US after 10 years of deportation?

Hello: There is no need to wait for 10 years. *Consulate Processing* Consulate Processing must be completed. This allows the petition to first be sent to the National Visa Center, and then the appropriate documents and package to go to the U.S. Consulate or Embassy. If done correctly, you will be able to enter as a Lawful Permanent Resident and will be in the U.S. in less than one year. Of course the time might be a bit less or more depending on the backlog of the U.S. Consulate or Embassy and whether or not a Waiver of Inadmissibility is needed. *Waiver of Inadmissibility* A Waiver of Inadmissibility will have to be obtained. This is an application that will include a legal brief, forms, documents, exhibits, declarations and other evidence. My firm can prepare the entire waiver, and attach all of the necessary documents. It will take several months for the decision, and if done correctly, there is a good chance of an approval. The Waiver essentially makes the crime or ground of ineligibility disappear so that entry or re-entry will be allowed into the U.S. Please note that the Waiver is the critical part of this application, and unless approved, there cannot be any other petition that will allow entry into the U.S. Therefore, the Waiver must be prepared with significant supporting documents.

Your husband does not have to wait the ten years. You can petition for him and file a waiver of the ten years. Since he has been out of the U.S. for seven years, married to you, USC, and have two USC children, his chances of success are high to receive his immigrant visa.

If your boyfriend/husband was deported more than 10 years ago, it may be possible for him to immigrate to the U.S. 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 case. He/she would then be in a better position to analyze you case and advise you of your options.

He does not need to wait 10 years. He can apply for a waiver. The main issue here is whether he is inadmissible on other grounds.

If the 10 year bar is the only issue then he should be OK. You can file I-130 at least one year before the 10 year anniversary counting the processing time.

It should not be a problem assuming there are no other issues for inadmissibility. You will need to petition for him, however, and only after the petition on his behalf is approved will he be able to go for an interview for his immigrant visa and will at that point have to present evidence of having spent 10 years outside the US, etc.

It is not absolutely necessary for you to wait the entire 10 years. You can still petition for him now, but he will also need to submit a waiver on form I-212 because he was previously deported.