If I am a US citizen and I'm engaged and my fiance got deported from the US, what's the easiest way to try to legalize him? - Immigration Law Questions and Answers- LawQA.com

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If I am a US citizen and I'm engaged and my fiance got deported from the US, what's the easiest way to try to legalize him?

Havens & Lichtenberg PLLC
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There is only one way; it isn't easy; and it might be not open to your fiance. You need a good immigration attorney to determine if there is anything that can be done for your fiance - and to do it, if possible. As to doing it yourself... Let me ask you: if you needed a surgery, would you be asking on the internet how to do it - or would you be asking your friends, relatives, and co-workers for the name of a really good surgeon?

Answer Applies to: New York
Replied: 5/21/2013

Answer By Noel J. Saleh

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Depending on why he was deported. It is likely that you will need to go to him & get married. Then file the I-130 to petition for his visa. Then apply for waiver of deportation & other waivers that will be required. It is not a simple process.

Answer Applies to: Michigan
Replied: 5/21/2013


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The best way I'd think is for you to file a Form I-130 petition for her after your marriage. The I-130 petition takes about 8 months to approve. Subsequently, she will undergo consular processing at a US embassy overseas. Now, given her deportation, you will need to apply for a Form I-212 Request to Apply for Permission to Enter the US in addition to a Form I-601 Waiver to cure the grounds of inadmissibility. Please note that it is essential to inquire into the specific grounds for her deportation and not all grounds of deportation can be waived. And even for those grounds that can be waived, there are different statutory requirements. You will find that hiring an experienced immigration attorney is the best way to go about this.

Answer Applies to: New York
Replied: 5/21/2013

Answer By Reza Athari
Reza Athari & Associates, PLLC
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It all depends on why he was deported. We need more information to be able to assist you.

Answer Applies to: Nevada
Replied: 5/20/2013

Answer By Kevin Bluitt
Kevin Bluitt, Attorney at Law
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The answer depends on why he was deported. If he was deported as an overstay he will need a wavier for unlawful presence and an I-212 for permission to return after being deported. Now, if he was deported for criminal reasons, you have a much bigger problem. If the crime is considered an "aggravated felony" by immigration regulations, he can never return. You need to speak with an Immigration attorney to determine why he was deported and whether he can return.

Answer Applies to: Florida
Replied: 5/20/2013


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If he's in the US, marrying him is the quickest way to legalize him, granted he's otherwise eligible & the marriage is a good faith one. If he's outside of US then marry him too & file a waiver to bring him back depending on why he got deported. Certain facts in the case may not allow him a waiver or from entering US again.

Answer Applies to: Michigan
Replied: 5/20/2013

Answer By Justin X. Wang
Baughman & Wang
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Deportation means 10 year bar from coming back unless a waiver is granted by the USCIS. You should contact immigration lawyer for advise.

Answer Applies to: California
Replied: 5/20/2013

Answer By Lynne Feldman
Feldman Feldman & Associates, PC
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We would need to know more details about why he was deported - criminal matter, overstay, fraud. Then he or both of you should call to set up a consultation on his options Make sure he does not sneak back in as that will great reduce or eliminate his options.

Answer Applies to: California
Replied: 5/20/2013

Answer By Alexander Segal
Law Offices of Grinberg and Segal
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There is no easy way. You may be able to bring him back after you marry. You need to speak with an experienced immigration attorney.

Answer Applies to: New York
Replied: 5/20/2013

Law Office of Michael E. Hendrickson
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There is no easy way if he's probably facing at least a 10 year bar to reentry at the earliest.

Answer Applies to: Virginia
Replied: 5/20/2013

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