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Could my fiancé stay or file some sort of waiver?

Atlanta, GA |

He was deported two yrs ago and returned illegally. Our two yr old daughter is now going through counseling to help with her emotional
And anger issues since his incarceration. He also quantifies for a u-visa, but the district attorneys office has previously rejected the papers to sign off... I've also been told that his civil rights have been violated since being arrested...

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Attorney answers 4

Best Answer

Any person who is deported and then reenters without prior authorization can have their original order reinstated; ICE can come and arrest him and remove him again. As well, such a person is subject to potential federal criminal penalties for having illegally reentered. The best course of action is to attempt to reopen his original removal proceedings.


Illegally returning after deportation may present a great problem, before making any conclusions, an attorney would have to study your fiance's immigration file.

Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova , New York Immigration Attorney Blog:


When someone is deported from the United States, usually they are given a verbal warning by the immigration judge cautioning them "that if they return without authorization there could be severe consequences". Those consequences could include civil fines, expedited deportation, and possibly prosecution in Federal Court, leading to time in Federal prison. If there is a drug conviction involved, they can spend up to 20 years in Federal prison. From the facts you present, he does not likely qualify for a waiver. However, you could benefit from a consultation with an experienced Immigration Attorney.

Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.


I agree with my colleagues.

Additionally, if he qualifies for a U-Visa, it might be worth seeing if any other agency is willing or able to certify his helpfulness in whatever crime he was a victim of. I recommend working with a qualified immigration attorney to try to obtain a U Certification and U-Visa.

Ellie Mosko Attorney Ellis Porter, PLC 2701 Troy Center Dr., 410 Troy, MI 48084 Phone: 248-519-9900 Fax: 248-519-9901 Email: The information I provide on Avvo is for informational purposes only and does not constitute legal advice or create an attorney client relationship