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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105582
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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My fiance was voluntary deportation from the us back to Honduras

Customer Question

My fiance was voluntary deportation from the us back to Honduras so he has the 10th bar. If I marry him in Honduras and file a I 130 then the 485 petition is he eligible to come back
JA: The Immigration Lawyer will need to help you with this. Please give me a bit more information, so we can help you best.
Customer: Tony got in trouble in the States and served time here. He did all of his time and voluntarily deported at immigration. He has a 10 year bar for voluntary deportation.
JA: Anything else I can tell the Immigration Lawyer before I connect you two?
Customer: I am a citazen we were together almost a year before his deportation. He has been working for Delta in Honduras and staying on the right path. We have no children together
JA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Immigration Lawyer about your situation and connect you two.
Submitted: 8 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 8 months 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. Not only does he have a 10 year bar that he needs a waiver (you cannot file an I-485 for him because he is not in the U.S.), but he may have a permanent bar that does not allow for a waiver depending on what criminal conviction he has. If it is one of those, please do not shoot the messenger, meaning please do not blame me for bad news over which I have no control over. What was the conviction for? If drugs, what drug, what amount, and if there was any selling, buying or transporting (basically trafficking) involved? And also, what was the sentence?
Expert:  Guillermo J. Senmartin, Esq. replied 8 months 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. IF the crime that he committed does not make him inadmissible, he will need two or maybe 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) If he has not been 10 years since he left the U.S., 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.htmland here is another link:http://www.uscis.gov/forms/centralized-filing-and-adjudication-form-i-601-application-waiver-grounds-inadmissibilityHere is a link to what extreme hardship is:http://www.ilw.com/articles/2007,0717-scott.shtm 3) If he was not granted Voluntary Departure but 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-212If he was granted Voluntary Departure, he will not need #3. Now, after understanding all of that, we also have to factor in his crime. If his crime makes him permanently inadmissible to the U.S., he primarily has the following options: 1) Get a full and unconditional governor's or U.S. Presidential pardon for the crime. 2) Hire a VERY good criminal attorney to look into the possibility of reopening his criminal case because something was done incorrectly at the criminal level. If the case can be reopened, then the conviction needs to be vacated (set aside) and then he would need an agreement from the prosecutor not to prosecute him again (which they can do). You can try looking for an attorney at www.ailalawyer.com. 3) Convince the majority of the U.S. Congress to change the law or to make a law of special application only for him called a Private Bill. These options essentially would eliminate the conviction so that Immigration cannot use it against him to keep him out. Unfortunately, sealing or expunging the conviction does not work. Hopefully, the crime was not drug trafficking, money laundering, marriage fraud or false claim to U.S. Citizenship because there are no waivers for those. 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. If you do not see any stars or smiley faces, please at least leave a THANK YOU for me so I can let the administrators know. Your question thread does NOT close, so you can ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.
Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.
Hello. 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 8 months ago.
Hello. I'm just following up with you again to see how everything is going. Did my answer help? Please let me know. Thank you!