Can I marry my deported fiancée and start his paperwork?

Me and my fiancée are having a baby on February 21st, 2012, and he got deported to Mexico 2 weeks after I found out I was pregnant. We were planning to get married before the baby was born so he can be here for the birth and help me out. My question is can we still get married over there and start the paperwork here even though he has a deportation for 5 years?

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Answered By: Reza Athari & Associates, PLLC

We need more information about his deportation. By mentioning 5 years, I suspect he was deported at the border. If he was in the US prior to deportation, then he might have triggered the permanent bar.

Answer Applies to: Nevada
Replied: 10/26/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Offices of Grinberg and Segal

I assume that you are a U.S. citizen and that your fianc has no criminal record. You can marry your fianc and petition for him. There will likely be two issues with his receiving an immigrant visa. The first is the fact that he was deported. If you wish to bring him back in less than 5 years, you will have to file a special application seeking his earlier entry. This application will be based upon hardship to you if he is not allowed to return sooner. The second issue will likely be unlawful presence. If your fiance was here for more than 1 year illegally, he is barred from readmission for 10 years. This can also be waived by extreme hardship. The process takes approximately 1.5 years from filing. However, it would be best for you to meet in person with our office to discuss your fiancs immigration history in more detail to ensure he is eligible to return to the U.S.

Answer Applies to: New York
Replied: 10/25/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Joseph Law Firm

You can file a petition for your boyfriend either as a fiance or if you get married, as a spouse, but his prior deportation makes him ineligible to immigrate without a waiver. He can overcome the prior deportation by submitting the waiver on form I-212. Depending on his immigration history, he may also need other waivers. You should definitely consult with an immigration attorney to obtain advice regarding the proper course of action.

Answer Applies to: Colorado
Replied: 10/24/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.