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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105667
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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My boyfriend has a case closed in Ohio and was deported to

Customer Question

My boyfriend has a case closed in Ohio for fight and was deported to Mexico but a Bench Warrant still active.I try to fix his inmigration status. What I can do?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

How did he enter the U.S.? Illegally or with a visa? Which visa? What country is he from? How long ago did he enter the U.S.? How old was he when he entered the U.S.? The warrant, why is it still active? Was he deported before he took care of the criminal charges? Were the criminal charges domestic violence or some kind of bar fight or something like that? Please try to answer each question. Thank you.

Customer: replied 1 year ago.
He came illegal from Mexico 16 years ago , the bench warrant still active and was before the judge see the case and was a street fight. I try to apply for a fiancee visa and get married we have 2 kids togethers 7 and 3 years old, born in USA and myself.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Well, there would have been two judges, a criminal judge and an immigration judge. Why is the bench warrant still active? Did the criminal case close? Did he pay any penalty or serve time in a criminal (not immigration) jail?

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

I do not know why you are not responding, but you are not charged per question, per response, nor per answer. So after I give you my answer, you can continue to ask me questions without additional charge until you are satisfied. I apologize if it is a site issue that you posted and the post did not go through.

Luckily, I don't think that crime will prevent him from coming back, but there are still many things that have to happen before he can come back legally. In regards ***** ***** bench warrant, he can hire an attorney to set aside the bench warrant because he is outside of the U.S. and he would present himself to the court when and if he is able to come back to the U.S. In regards ***** ***** coming back, he will need three things for you to bring him back:

1) You must file for him either as a K-1 fiancé using form I-129F, or if you marry him outside of the U.S., you can file for him as a K-3 spouse by filing an I-129F and I-130, or if you go there and marry, you can apply for him through the CR-1 process which only requires a form I-130. All those forms can be found at http://www.uscis.gov/forms.

a) The K-1 fiancé visa takes 6 to 9 months, but you must have met before during the last two years in order to process it. The I-129F will cost $340 plus a $350 fee for the visa processing fee. After he enters the U.S., then you have to marry and then he has to pay $1070 for the I-485 and he will have to wait about 5 to 7 months and then get another interview that you attend with him so that he can get Residency.

b) The K-3 spouse visa takes 6 to 9 months, you must be married. The I-129F will cost $340 plus $420 for the I-130, and $350 for the visa processing fee. Then after he enters the U.S., he must still file the I-485 for $1070 and wait for the marriage interview about 5 to 7 months later.

c) The CR-1 visa (or IR-1 if your marriage is more than 2 years old) takes about 1 year or so. You must be married. The fees are $420 for the I-130, $330 for the visa processing fee, $88 for an Affidavit of Support fee. But once he enters the U.S., he enters as a Resident and he does not have to file (or pay for) an I-485 nor does he have to attend an additional interview. He just gets his green card in the mail a few weeks later.

So the K-1 and K-3 are faster but generally more expensive. The CR-1 (and IR-1) are slower, but generally cheaper. And no, there is no "middle of the road" visa that he can use to enter the U.S. while that process is pending. He will most likely have to wait outside.

Here is a link to all three:

http://travel.state.gov/content/visas/english/immigrate/family/fiance.html

and another link:

http://www.uscis.gov/sites/default/files/USCIS/Resources/Resources%20for%20Congress/Congressional%20Reports/I-129F%20Petition%20for%20Alien%20Fiance%28e%29.pdf

2) He will need an I-601 waiver to forgive the time he spent illegally in the U.S. To get this waiver he will have to prove that his spouse will suffer extreme hardship if he is not allowed back in to the U.S. These waivers are very difficult to get. The reason they are difficult to get is because the hardship probably will need to be more than just economic hardship or emotional separation hardship. You can look at this link to get more information on I-601 waivers. It is from the U.S. Embassy in Syria, but it is a good description and the process should be similar in all U.S. Embassies.

http://damascus.usembassy.gov/ina212.html

and here is another link:

http://www.uscis.gov/forms/centralized-filing-and-adjudication-form-i-601-application-waiver-grounds-inadmissibility

Here is a link to what extreme hardship is:

http://www.ilw.com/articles/2007,0717-scott.shtm

3) Assuming he was deported, he will need an I-212 special permission to apply for admission to the U.S. after deportation. He can only apply for this after he has been outside for at least one year. Here is a link to that:

http://www.uscis.gov/i-212

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello Barbara. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Thank you for your kindness and respect, Barbara. Good luck to you.