Legal Question in Immigration Law in Pennsylvania

Deportation and Marriage

My boyfriend of 6 years was deported last year after having served his 3 month sentence. He had oral sex with a 15-yr old (he was 23 years at that time). His charges included corruption of minor and indecent assault. His sentence was 3 to 23 months. He served his 3 months sentence, then was released on probation. A couple of months later they deported him. I went back to our native country for a year to live with him. I am an American citizen and I need to know if there is a chance for him to re-enter the States if we would get married. His parents are also soon becoming Naturalized citizens. Is there are any possibility at least for us to try?


Asked on 9/10/08, 12:29 pm

1 Answer from Attorneys

Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Deportation and Marriage

You asked about immigration after deportation following conviction.

It would depend on the circumstances of the original crime. If there were some mitigating factor that made the crime less than egregious (e.g. such as if he met the minor in a bar and the minor had been served liquor).

Marriage is often a route for the expedient of gaining admission to the U.S. but it will probably not help in the current situation. Many countries exclude persons from even visiting if they have ever been convicted of a crime (including misdemeanors). The U.S. does not have such a blanket law, but does consider the type and severity of the offense.

Unfortunately, given the current climate, and the fact that he had the opportunity for a hearing before being deported, the chances for approval of any immigration status (or even travel) to the U.S. is almost zero. Not absolutely zero, but any attorney should explain from the outset that this is an incredibly difficult obstacle to overcome and your efforts will likely fail.

This doesn't mean you should not explore the possibility. Just don't get your hopes up. Also, the longer the person stays clean and improves his circumstances where he is the higher the likelihood that the person could immigrate in the future (5 or 10 years). It may even be possible to have the conviction pardoned and the record expunged at the state level at some point in the future. That will help, but that will not negate the fact that the ICE will have a record of the conviction and can legally hold that conviction against the person.

Sorry.

Regards,

Roger

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Answered on 9/10/08, 12:45 pm


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