IT IS HIS 2ND DEPORTATION.
The short answer is that you may not be able to bring him back, at all--or at least not for a couple of decades. One deportation is a problem; a second deportation, especially after an illegal reentry is a crime and for most people would mean a bar to reentering legally.
There are some very, very, very limited exceptions--and those depend on what actually happened in your fiance's deportation, what his criminal and immigration history show, etc... An immigration lawyer focusing on removal defense may be able to give you an answer in a consultation, or may need to request copies of criminal records and immigration files before being able to tell you what your options might be. Be prepared to find out that those may be very limited, very expensive or plain nonexistent.
This answer provides only general information and may not be relied on as legal advice. For more information about immigration law and policy, please visit www.lichterimmigration.com or follow us on twitter (@lauralichter) or facebook, www.facebook/lichterimmigration. To find an immigration lawyer in your area, log on to www.ailalawyer.com. Listed attorneys have been members of the American Immigration Lawyers Association, the nation's premier bar association for immigration lawyers, for at least two years, comply with annual continuing legal education (CLE) requirements and carry malpractice insurance.
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I agree with attorney Lichter. If he came back unlawfully after being previously deported, he is permanently barred from receiving a visa and must remain outside the US for 10 years before he is eligible for a waiver.
4 lawyers agree
I agree with my colleagues. He needs to collect all of his immigration and criminal history and consult with an experienced immigration attorney who can provide a legal opinion based on the facts of his case. There is never a simple yes or no to any immigration question involving criminal law and resulting deportations. Good luck.
Legal disclaimer: The statement above is provided by CC Abbott is based on general assistance and not intended to be a legal opinion because not all the facts are provided. The person requesting information and all others reading the answer should retain an attorney who is permitted by the state bar within the jurisdiction who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by CC Abbott does not create an attorney/client relationship within any state of Federal law.
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