Legal Question in Immigration Law in Texas

my fiancee got deported bout a year ago and he was banned for 10 years he as no criminal background. my question is should we get marrie dat the boreder or should i pettion for him as my fiancee and send request for a waiver or pardon


Asked on 3/26/12, 7:13 pm

2 Answers from Attorneys

Brian D. Lerner Law Offices of Brian D. Lerner, A Professional Corporation

Hello:

Consulate Processing
Consulate Processing must be completed. This allows the petition to first be sent to the National Visa Center, and then the appropriate documents and package to go to the U.S. Consulate or Embassy. If done correctly, you will be able to enter as a Lawful Permanent Resident and will be in the U.S. in less than one year. Of course the time might be a bit less or more depending on the backlog of the U.S. Consulate or Embassy and whether or not a Waiver of Inadmissibility is needed.�

Waiver of Inadmissibility

A Waiver of Inadmissibility will have to be obtained. This is an application that will include a legal brief, forms, documents, exhibits, declarations and other evidence. My firm can prepare the entire waiver, and attach all of the necessary documents. It will take several months for the decision, and if done correctly, there is a good chance of an approval. The Waiver essentially makes the crime or ground of ineligibility disappear so that entry or re-entry will be allowed into the U.S. Please note that the Waiver is the critical part of this application, and unless approved, there cannot be any other petition that will allow entry into the U.S. Therefore, the Waiver must be prepared with significant supporting documents.�

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Answered on 3/29/12, 4:27 am
Michael Cho Law Offices of Michael Cho

I'd recommend getting married, then filing for your spouse's I-130 petition.

After the I-130 petition is approved, you can go ahead and file for the I-601 waiver.

My total legal fee for the entire process is $2700.

You may find detailed information on the waiver process here:

http://www.msclaw.com/index.php?page=i-601-unlawful-presence-waiver

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Answered on 3/25/13, 11:19 am


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