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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 7542
Experience:  Experienced in all aspects of immigration and nationality law.
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My question is if I can marry my fiance who is an immigrant

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My question is if I can marry my fiance who is an immigrant the thing is he got deported in Texas but he crossed again and he made it, he has little time being here and i just want to know of there is going to be any problems with us getting married and if so what kind of problems would we have to face.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Expert James replied 1 year ago.
Thank you for using this service. I'll do my best to answer your questions as completely and honestly as I can. All I ask in return is that you give me a positive rating for my customer service. This is the only way I get credit for assisting you. If you feel the need to use "poor service" or "bad service," please ask follow-up questions instead, so that I can try to help you further. Please remember that the law sometimes does not have a satisfactory solution for your issue; unfortunately, this is something I cannot control.

For what was he deported.
Customer: replied 1 year ago.

He was deported because immigration patrol caught him and other immigrants in texas, they were on there way to Mcallen in a vehicle and he decided to sign his deportation when he was in prison

Customer: replied 1 year ago.

My fiance does not have any criminal records and he has only been in the U.S. for about a month.

Expert:  Expert James replied 1 year ago.
Daisy,

Thanks for the information.
I just want to be very clear that the news I'm going to share with you is not all bad, but it certainly is not going to be something you are very happy with. Please note that I do not write the law, and I do not make the decisions on any case. I am here only to provide you with information and to tell you what the law is. So please do not hold bad news against me, as it is not my fault that this is the situation.
Keeping that in mind, how long was he in the US when he was caught? Was he banned from entering the US?
Customer: replied 1 year ago.

He was in the U.S. for about 2-3 weeks in prison then he got deported and yes he was banned from entering the U.S. and the officials said he couldnt enter for the next 5 years. But he disobeyed that law.

Customer: replied 1 year ago.

All of this happened in the boarder of mexico and texas but he was detained in houston..... but he is currently in the state of Iowa


 

Expert:  Expert James replied 1 year ago.
Daisy,

Please know that I always do my best to help customers come up with a good solution, but from time to time, the law does not provide a good solution to every situation. Unfortunately, I cannot change that. I am only here as an information source, so please do not hold bad news against me by giving me a negative rating.

There is no way for him to get a green card without first leaving the US, getting over the ban, and then re-entering the US legally, with a waiver of the 5 years ban.

Because he entered the US illegally again, if he is caught, he can be put in prison for a coupe of years, and also can have a 20 year to lifetime ban. So he should leave the US as soon as possible, because being married to you and attempting to go through the marriage based green card process now is going to bring to the attention of the USCIS that he came back illegally.

Once he is gone, you should get married, and then start the marriage based immigration process on his behalf. You will file the I-130 petition. It will be processed in the US, and then he will be scheduled for an interview at the US consulate. He will file his application and get the interview. Once he is found inadmissible by the consular officer, he will submit form I-212 and form I-601. I-601 is a very difficult thing to get approval for, because it requires a showing that a US citizen immediate relative (you) will suffer extreme hardship if he is not allowed to re-enter the US. You should get an attorney to help you with this. It is expensive (usually around $5000), but worth it if the goal is to get your husband to the US before 5 years have passed.

That is the ONLY available option, in this situation. Other options would get him to the attention of the US immigration authorities, and could subject him to prison time and a possible lifetime ban.

I hope I have answered your questions. Keep in mind that I only get credit for my work if you rate me positively. If you're satisfied with my answer and my professionalism - not the outcome or the state of the law which I cannot control - please select a top-three rating. Again, if you feel the need to use "poor service" or "bad service," please ask follow-up questions instead, so that I can try to help you further. Remember that the bottom two negative ratings are used for Experts or professionals who are rude and/or bad at their job, and I'm confident you'll find me to be professional and truthful with you.

A bonus is appreciated, if you feel I've earned it.

If you want me to answer questions in the future, you can write "FOR LONGHORN" at the beginning of your question, or go directly to my question page here: Ask Longhorn Lawyer

Thank you!
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 7542
Experience: Experienced in all aspects of immigration and nationality law.
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