Can I petition back my fiancée who has three charges?
My fiancée is being deported to Mexico. He has 3 charges: 1) no valid driver's license, 2) use of fraud identification (he had a fake resident alien card), 3:)Immigrant-Federal charge. Will my fiancée ever be allowed to come back if I request a petition with the help of an attorney? Thank you.
Answered By: Law Offices of Kiran Nair
The fraud and federal charges are concerning. Generally, a U.S. citizen marrying non-citizen can petition whereby the non-citizen may legalize status. Your fiancée is seeking admission for which generally a person can have no more than one crime of moral turpitude which is generally a misdemeanour offense where the maximum sentence is one year but the individual is sentenced to no more than 6 months. If your fiancée is still facing criminal charges w/out final result then the U.S. immigration authorities will not process his case until after final decision on all pending criminal charges. Based on your brief information, your fiancée needs an immigration attorney and possibly a criminal defence attorney in order to prevent pleading to a serious offense under immigration laws whereby he would be absolutely barred from legalizing his status.
Answer Applies to: California
Replied: 10/27/2011
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.
Answer Applies to: California
Replied: 10/27/2011
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 ALAN R. DIAMATNE APLC
He can request voluntary departure if he is not eligible for any other form of relief. It is important to determine if he has a defense to the deportation. Meanwhile, if he marries you and you petition him, he can do consular processing. However, if he had lived in the U.S. undocumented over a year, he will have to apply for a waiver. If he indeed gets removed from the the U.S. , he will have to apply for two waivers.
Answer Applies to: California
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.
Answer Applies to: California
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: Reza Athari & Associates, PLLC
I base my answer on the fact that he was in the US only one time and in excess of 180 days. So if you marry him, we can apply for waivers of unlawful presence, criminal and immigration fraud for him.
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.
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: Hilf & Hilf PLC
I am not sure what is the third charge or conviction was. Your fiance can come back with waivers.
Answer Applies to: Michigan
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.
Answer Applies to: Michigan
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: Law Offices of Grinberg and Segal
Your fiancee may be able to return to the United States depending upon the outcome of the criminal case. It would be best to meet with an immigration attorney in person to discuss the matter in more detail.
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.
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.
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