Is there anyway to lift my boyfriend's 10-year ban from the US? - Immigration Law Questions and Answers- LawQA.com

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Is there anyway to lift my boyfriend's 10-year ban from the US?

My boyfriend is from Mexico and he is currently deported for 10 years due to a DUI 5 years ago. He was also here illegally. We would like to get engaged and eventually married. I am a US citizen. Is there any way to lift the ban? Would he qualify for a fiance visa, or do we have to wait 5 more years?

Answer By Alexander Segal
Law Offices of Grinberg and Segal
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He may be eligible to seek an immigrant visa. Once you are married, you can petition for him to receive an immigrant visa. He will need an application for permission to reapply for admission after removal as well as a hardship waiver for his prior unlawful presence. He could seek a fiance visa, but he will need to request multiple waivers during the process. The fiance visa would also likely be denied.

Answer Applies to: New York
Replied: 8/20/2013


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First, your boyfriend is not eligible for a fiance visa. Second, he may not have to wait for the 10 years before he can apply to return to the US. But you must first marry him and file a Form I-130 petition for him with CIS. After the approval, you will contact or be contacted by the National Visa Center, NVC for immigrant visa processing. Because he was deported, you must also apply for a waiver of deportation by showing hardship if he is not allowed to return to the US. But this is a very complicated process and you will find that your chances of getting approval is much higher if you consult with and seek the assistance of an experienced attorney. It is important that he must not attempt to illegal return to the US until his case is approved by CIS

Answer Applies to: New York
Replied: 8/19/2013

Answer By Jesse Brar

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Once you and your boyfriend get married, and then you can file an I-130 petition for him. After that you can file an I-601 waiver for him for both the waiver of the criminal grounds and also illegal presence grounds for his inadmissibility into the U.S. The waiver application is based on showing that if he is not granted a waiver, you (the U.S. citizen spouse) would suffer extreme and unusual hardship. The "Extreme and Unusual Hardship" is a pretty high standard to meet, but that would his only option of getting to the U.S. before the 10-year bar expires.

Answer Applies to: Utah
Replied: 8/19/2013

Christian Schmidt, Attorney at Law
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Your boyfriend will be able to continue deportation proceedings if you two marry and you file a visa petition for him. If he was already ordered deported but is still in the country, he may request reopening of his case based on your marriage. If he is already outside the US, he will need a waiver.

Answer Applies to: California
Replied: 8/19/2013

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