My fiancé is being deported because to 2 misdemeanor charges (battery and disorderly conduct). I am planning to move to Mexico with our daughter to be with him. An ICE agent said that he could apply for a waiver as soon as he got there if he wanted to. Is there any chance of him coming back to the US after we are married? Does anyone know how long it takes to get a response after you apply for a waiver? Thank you.
Serious answers only please.
2007-10-04 05:46:24 · 10 answers · asked by Anonymous in Politics & Government ➔ Immigration
*Also does it help that he did not try to fight it. He signed some papers waiving his rights. They would not let him do voluntary departure, so he decided that was the best thing to do.
2007-10-04 05:52:50 · update #1
when he came here he was just a kid. I would not have him come back illegally. If he got caught he could get charged with a felony and maybe get prison time.
2007-10-04 06:02:20 · update #2
*** I just called ICE. For his charges he is barred out for 10 years unless he gets a waiver.
2007-10-04 06:10:55 · update #3
OKAY DO NOT POST ANSWERS TELLING ME HOW TO LIVE MY LIFE AND IF I HAVE A FUTURE WITH HIM AND I SHOULD MOVE ON. I am sick of it. I want legal advice, not ignorant answers.
2007-10-04 07:02:53 · update #4
Well, for real legal advice, consult an attorney. Not a bad idea anyway, condsidering your current position. However, before you can file the waiver request, you would need to file an immigration petition for him. USCIS can't consider a waiver request by itself, it has to be in support of a visa application, in this case an immigrant visa application.
You don't mention if you are a US citizen. Assuming you are, you would need to file an IR-1 immigrant visa petition for him. Although that would be immediately valid for use under most circumstances, since your husband is currently ineligible for any visa, he would have to get the waiver approved before he could use the petition. Simply getting USCIS to adjudicate and approve his petition could take 6 to 8 months, although it can be less.
Once the petition has been approved, it will be sent to Juarez as that's where all immigrant visas are issued in Mexico. That might take several more months. Once he's scheduled for interview, he can apply for the waiver. there are more forms for that and more fees, of course. How long that will take is entirely up to USCIS, although they are usually done by their agents in Juarez. But it can take 6 months or more and he won't be able to return until the waiver is granted and the immigrant visa is issued. You should also know that even though you apply for the waiver, there is no guarantee that it will be issued. But, there is a reasonable chance that it would be approved.
I do think you'd be better off talking to an attorney, so you can explore your possibilities and get a better picture of the time frame. You can also check out uscis.gov and travel.state.gov for lots of information on immigrant visa petitions, and uscis.gov for more info on waiver requests.
2007-10-04 13:55:51 · answer #1 · answered by George L 7 · 1⤊ 0⤋
Well he got here illegally the first time, why not go for it again. All that will happen is that he would be deported again if he got caught. He belongs back in Mexico! He broke the law first by entering illegally, then while he is here illegally he brakes the law again by assaulting someone! Geez, this country needs to do something about the epidemic at our borders!
2007-10-04 12:58:51 · answer #2 · answered by Regina 4 · 3⤊ 1⤋
Usually it takes 10 years to be eligible to return once you have been deported. Of course, you can always apply.
I agree with the answer below me too...two charges of violence would lead me to believe that he will never get a visa.
2007-10-04 12:49:48 · answer #3 · answered by Lori K 7 · 1⤊ 0⤋
I would try for that waiver first.
Have you ever lived in Mexico? You haven't said where he lives, but even in relatively good areas, the medical care in that country is horrendous. I could go on for hours about horror stories about medical care down there.
Also, I am not sure of the charge against your fiance, but if it was violence directed at YOU by him, I would NOT go to mexico. When an immigrant is in the slightest way abusive in the states, he will be 10x more violent to you in his home country. (They also tend to be VERY unfaithful once they get back to their home country).
Other reasons to stay in the USA for now:
1. You might find that once he can't return to the states, he won't feel like getting married anymore. Very common reaction, and you'd be stuck in Mexico all by yourself.
2. If you could stay up here, and keep working to make $$$ (and hopefully save it), you'll be in better financial condition to handle things if he moves back up to the states. Once you get to Mexico, (and this is an UNDERSTATEMENT), it is very hard to get a job at all or make enough money to exist, much less save up ANY money to get back over the border and pay INS bills.
Bringing your fiance back will mean filing an affidavit of support, proving that you make plenty of $$ to support yourself and your husband. You won't be able to make any money in Mexico, sadly.
If he was in a fight against someone else, and you think he is an honorable guy in your heart, go with him to Mexico.
You might end up loving mexico, if you have an extremely laid-back attitude, but things are tough down there (that is why mexicans all want to come up here). It might end up being a positive experience. We were married in Ciudad Juarez, which is a dangerous town, but I always want to go back and visit....don't know why.
Good luck to you. Try to stay in the states until you are SURE he can't get the waiver. Try as hard as you can to get him back up here with government support. Contact your congressman and just try to find out if they can do anything on your behalf. It can't hurt.
I have a sad feeling a violent crime can keep your hubby from ever being allowed to return, but try try TRY!
2007-10-04 14:21:49 · answer #4 · answered by gg 7 · 1⤊ 1⤋
No, with a record of violence like that he will not be allowed in again.
If he sneaks in again he could spend 5 years in prison for that alone.
Time to move on.
Find someone else who isn't violent.
You have no future with this guy.
2007-10-04 13:54:28 · answer #5 · answered by tom p 3 · 1⤊ 0⤋
Why don't you and your daughter go back and stay with him. Why would you want to come back??? To get deported again. And who do u think PAID for the deporting of him. US, American dollars.. Done. Quit sponging off Americans. Really sick of it!!! We don't need any more convicts in America.
2007-10-04 13:51:55 · answer #6 · answered by mia 2 · 2⤊ 0⤋
Sorry but the charge of violence battery will bar him from ever getting back in the USA legally.
2007-10-04 12:52:05 · answer #7 · answered by Coasty 7 · 3⤊ 0⤋
Hey baby I can keep you busy in the meantime. 10 years is a long time - will your daughter be 18 by then?
Hey, you could always donate money to Hillary's campaign and if she wins she can pardon your fiance!
2007-10-04 12:51:23 · answer #8 · answered by Anonymous · 0⤊ 2⤋
move on, with a charge like that he's not coming back.
2007-10-04 12:56:00 · answer #9 · answered by TheGreatWhite 3 · 0⤊ 0⤋
Yes, he can reapply. But with a record, he will not be approved.
2007-10-04 13:04:49 · answer #10 · answered by Anonymous · 2⤊ 0⤋