My fiance was deported back to his country, now as an american Citizan and getting married with him, would he be able to come back to the US?
2007-06-14 07:01:10 · 7 answers · asked by Ingrid S 1 in Politics & Government ➔ Immigration
Yes...his marriage to you will make him a US citizen by-proxy.
However, if he was deported for criminal activity, you may find it difficult to bring him back.
If he was deported because he "overstayed" his visa, you should not have any real problems. Just make sure he applies for a new visa before trying to come back.
Easiest would be to contact the INS and ask them directly.
Incidentally, should you or he encounter anyone promising to bring him over for a fee...turn and run the other way. This person is a criminal, and acting in a fraudulent manner. If you feel safe, report him / her / them to local law enforcement, as I believe US Federal Law views this as a felony.
2007-06-14 07:12:43 · answer #1 · answered by jcurrieii 7 · 0⤊ 2⤋
He is likely subject to a couple of bars to reentry.
1. The bar resulting from his removal.
2. A bar resulting from his having been in the US unlawfully (3 year bar if over 6 months unlawful; 10 year bar if over 1 year unlawful)
To reenter he would need a waiver to overcome both bars.
The first is filed on an I-212 and is called Permission to reapply. This only waives the first bar and the details depend on exactly how and why he was deported. Look at the form instructions and you can determine the requirements.
the second waiver request is filed on Form I-601. To be eligible the applicant must show extreme hardship to a US citizen parent or spouse.
This should really be handled with the assistance of a lawyer
2007-06-14 08:17:58 · answer #2 · answered by sb 3 · 1⤊ 0⤋
You forgot about the 10 years ban from entering USA?
criminal aliens who re-enter the United States after deportation face up to 20 years in jail.
2007-06-14 07:03:45 · answer #3 · answered by Anonymous · 2⤊ 1⤋
Generally there is a 10 year ban which SOMETIMES you can petition down to a 5 year ban. Marriage doesn't change that.
2007-06-14 07:03:52 · answer #4 · answered by DAR 7 · 3⤊ 0⤋
Nope! If he comes back after being deported, he's in deep dodo!
2007-06-14 07:04:39 · answer #5 · answered by JessicaRabbit 6 · 2⤊ 2⤋
It would depend on why he was deported.
2007-06-14 07:04:05 · answer #6 · answered by Anonymous · 1⤊ 1⤋
I HOPE NOT!!!!!!
2007-06-14 08:25:25 · answer #7 · answered by ClanSinclair 7 · 1⤊ 0⤋