My Ex has been deported twice and has re-entered twice and now has a deportation hold again. Can this be fixed?

Asked about 2 years ago - Los Angeles, CA

We have3 kids together and he keeps coming back there is no family ties in mexico. Mom/ grandmother/ sister/ brothers, they are all living int he US and to his bad luck, he was the only one born in mexico. If we were to get married and i was to petition him, would he be able to enter the US for perm residency??

Attorney answers (4)

  1. Deborah Lynne Karapetian

    Contributor Level 18

    2

    Lawyers agree

    Answered . There is a permanent bar against him for is actions. I really doubt this can work out, but you can most certainly try to show the equities of his case and ask.

  2. Emily Katherine Allen

    Contributor Level 13

    2

    Lawyers agree

    Answered . Unlawful re-entry after a deportation is not only a criminal offense, it also technically renders a person permanently ineligible for lawful immigration status. If he were to spend 10 years outside of the United States, then he may be able to apply for a waiver of what's called "the permanent bar," if he otherwise has at that time an immediate means of obtaining lawful status. But the short answer to your question is that no, marrying him will not suddenly make him eligible for permanent residency. He has many years ahead of him in Mexico before that is even a possibility.

    THIS ANSWER IS FOR INFORMATIONAL PURPOSES ONLY, DOES NOT CONSTITUTE LEGAL ADVICE, AND DOES NOT CREATE AN ATTORNEY-... more
  3. Oscar Ernesto Toscano

    Contributor Level 13

    1

    Lawyer agrees

    Answered . This is an immigration issue. However, when a person is deported, there is usually a period of time that he is given not to reenter the country and not to petition for change in immigration status. Talk to an immigration specialist on this. I don't think the wedding will solve the problem.

  4. Stephen D. Berman

    Contributor Level 20

    2

    Lawyers agree

    Answered . By reentering without inspection after a deportation, he is not permanently barred from immigrating to the U.S., however a waiver will be available after he spends 10 years out of the U.S. You can file for him then if you choose to get married.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an... more

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