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Is it true that because my finance came to the us illegally he has to stay for 10 years ?

Wichita Falls, TX |

I talked to an attorney today , she told me that because my fiancée came to the united states illegally he has to remain in Mexico for a total of 10 years . He came to the united states as an Infant and was recently deported . He's been in the united states for 21 years now . What should I do ?

Attorney Answers 4


  1. Your attorney is correct. However, if you marry him, he may qualify for a waiver.


  2. Your husband's options will be clearer after a detailed review of his entire immigration history, and history of any criminal convictions or other negative interactions with law enforcement. Depending on all of the details, if you are a U.S. Citizen and you marry him, he might be eligible to apply for a waiver of inadmissibility. If he is granted the waiver, then he could enter the United States without needing to wait 10 years. In order to determine whether he could ask for the waiver, you need to meet with an immigration attorney.

    (734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of Michael Carlin PLLC or any individual member of the office. Confidential information should not be sent through this form.


  3. If you and your fiancé marry, he MAY qualify for a waiver, depending on his immigration and criminal history.

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104


  4. The attorney you spoke to is correct. As things currently stand there will be 10 year bar to reentry.

    However, once you are married he might be able to qualify for a waiver. An attorney would need to conduct an in-depth review to determine if that is the case.

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