Legal Question in Immigration Law in California

Deportation/Marriage/Criminal Legal Question

I am a US Citizen (naturalized, not by birth). My boyfriend was deported to Mexico a few years back after being arrested and convicted for firearms possession. He has a record (the firearms possession) as well as some traffic violations and I think one DUI. Now I want to marry him. I've been wanting to marry him but he is in Mexico and I would love for him to come here. Is there ANY possibility, any loophole, ANYTHING that will allow me to bring him back here legally at any point in our lives (even years from now) through us getting married? Or any way at all? I am hoping the right person comes across this question who has an answer. Any tidbits or suggestions are welcome, anything anyone might know. I really appreciate it Thanks guys.

Asked on 7/14/09, 7:00 pm

3 Answers from Attorneys

Ellaine Loreto Law Offices of Ellaine Loreto
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Re: Deportation/Marriage/Criminal Legal Question

I am sorry to hear that you are separated from your boyfriend right now.

Depending on the specific crime (whether it was an aggravated felony) he has, and the amount of unlawful presence in the US he may have accrued, the judge could have deported him for a certain number of years or forever. Do you know how many?

If the judge banned him for a set amount of years, then a safe option would be to wait until that amount of years has passed before filing a fiancee or immigrant petition (as a spouse) for him. The fiancee visa is a temporary visa that may allow him to enter the US and requires you to marry him within 90 days of the visa approval. After he's in the US, you may assist him in applying for his green card, which he should then receive within 1 year. However, it may take longer if immigration requires a waiver application (pardon) for his past crime(s). A waiver may or may not be approved, depending on the officer reviewing the case. We would have to review his criminal documents to better determine if he can qualify for a waiver.

If you want to file a fiance visa (temporary) or an immigrant petition for him (as a spouse to get his green card) before the time given by the judge to stay out of the US is done, you will likely have to file a waiver. Additionally you may have to ask for special permission, if there were multiple illegal entries in the past and he was caught.

Although his case is very complex, there may be some hope for him.

To discuss your specific case further, kindly email me at eloreto@loretomedinalaw.com, or refer to our contact information on our website at www.loretomedinalaw.com. We offer a FREE initial consultation and payment plans.

Note: The above response is provided for information purposes 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.

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7/14/09, 7:19 pm
Daniel Hanlon Hanlon Law Group, P.C.
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Re: Deportation/Marriage/Criminal Legal Question

Dear Inquirer:

You may petition your boyfriend for an immigrant visa after you marry, but a prior deporation generally carries a ten-year bar from readmission to the US. While a firearms offense generally is not a ground of inadmissibility to the US, "crimes involving moral turpitude" can be grounds for inadmissibility; as well as the prior deportation. Depending on the actual conviction he suffered and the date of his deportation, he may be eligible for waiver(s) to seek readmission to the US right away and not have to wait the entire 10 years from the date of his deportation.

I recommend that you visit www.hanlonlawgroup.com or email visas@hanlonlawgroup.com if you would like to schedule an appointment for a confidential consultation to discuss this matter further.

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7/14/09, 7:35 pm
Joseph La Costa Joseph La Costa, Attorney at Law
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Re: Deportation/Marriage/Criminal Legal Question

We can try to set aside convictions, there is no cost for consultation

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7/16/09, 5:17 pm

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