Due to your fiance's illegal entrance, he cannot get his papers here. He'll have to go back to Mexico and finalize the paperwork for his green card. However, that act of departure itself will automatically trigger the 10-year bar from being readmitted (because he's been in the U.S. illegally for more than a year since 18). The only way to get around that bar is to prove that his wife, and citizen kids, if any, will experience "extreme hardship" if he is denied readmission. That is a difficult standard and he would need to hire an attorney experienced in these matters to help him prove the extreme hardship. Many people do not want to take this risk of leaving the U.S. to arrange their papers like this, since the decision on hardship is entirely within the discretion of the U.S. consulate officer in Juarez with no appeal rights.

However, if your fiance and you are willing to take that risk, I would be happy to help. Please check out my website and blog for how to contact my office and for a possible consultation, if necessary.

Larry L. Doan

www.GuruImmigration.com

http://guruimmigration.wordpress.com (blog)

Note: The above response is provided for legal information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration. We do not offer free advice except for the information provided herein on LawGuru which has been screened. If follow-up advice on your specific situation is desired, we offer a paid consultation in person if you are in the Los Angeles area, or by phone or email. Please visit our website www.GuruImmigration.com for more details.