Can he come back?

Asked about 3 years ago - Sacramento, CA

after having a felony in the U.S my fiance got deported to mexico is it possible for him o come back?

Attorney answers (6)

  1. Daniel Shanfield

    Contributor Level 10

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    Answered . That's a good question. Returning to the US is reallly difficult after being deported for crime. Much of it depends on obtaining an I-212 waiver for the removal order, and eligibility for a 212(h) waiver based on extreme hardship to a US citizen or legal resident spouse or parent for a crime involving moral turpitude. For some crimes, like drug offenses, there really are no waivers.

    Since this is your husband we're talking about, it's important to be as fully informed as possible, and it would be worthwhile for you to meet with an experienced immigration attorney to discuss what options exist, if any.

    Good luck!

    (415) 871-0714 Legal disclaimer: The statement above is general in nature and should not be deemed legal counsel,... more
  2. Christian Schmidt

    Contributor Level 19

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    Answered . That depends on the particular charge. You need to consult with an immigration attorney who has a chance to review his record.

  3. J Charles Ferrari

    Contributor Level 20

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    Answered . It depends on the exact statute under which he was convicted.

    You need to retain an experienced immigration lawyer to review all the facts and court documents in order to advise you.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  4. Jeffrey Dean Joseph

    Contributor Level 12

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    Answered . That depends on the felony for which he was deported. In all cases, he will need a waiver of the deportation to reenter and depending on the nature of the crime, he may be ineligible to enter at all, or may need a waiver of the offense in order to reenter. If he qualifies for the waiver, he would have to demonstrate that he has a spouse, parent or child who is a citizen or lawful permanent resident and that it will be an extreme hardship on that person if he is not allowed entry.

  5. Cynthia Beth Rosenberg

    Contributor Level 16

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    Answered . There are many factors, Be prepared to explain the nature of the crime, the extreme hardship that you would suffer and how did he leave - voluntary departure or at government expense? You need an in person evaluation of this.

    Under the guidelines set by AVVO, this response is general information only and not specific legal advice, and no... more
  6. Luis Alberto Guerra

    Pro

    Contributor Level 20

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    Answered . It all depends on the type of felony and the reason of his removal.
    Sent on the Sprint® Now Network from my BlackBerry

    Law Office of Luis A. Guerra (954) 434-5800. Legal Disclaimer: This answer is of a general nature and should not... more

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