You really need to consult with a qualified immigration lawyer on how to proceed, because your fiance will need a waiver to return. I am hesitant to answer more because there can be so many variables as to what bans he may have triggered other than the 10 year ban for unlawful presence. However, based on the basic information you provided, the short answer is get married, file a family based petition, consular process, then file a waiver for his unlawful presence. As long as it was a voluntary departure and not an order of removal, he should not need permission to reapply for admission after prior removal or deportation. Again, however, you need to consult with an attorney - only after fleshing out the specific facts and details of your case can a lawyer properly advise you. You can search for a qualified immigration lawyer at www.ailalawyer.org. Best of luck and congratulations on your impending marriage.
It will not be easy fast or cheap. Consult with qualified immigration lawyer in your area. He might need multiple waivers.
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
The short answer is, yes you can, but he will need an unlawful presence waiver. Also you mention voluntary departure, which means that he was in removal proceedings, which can possible trigger other issues. Consult and work with an experienced immigration attorney as this is not an easy straight forward case.
Irene Vaisman, Esq. 11 Broadway, Suite 615 New York, NY 10004 (646) 253-0516 This is not legal advice and a client attorney relationship is not created. For a free consultation call (646) 253-0516.
Even with a grant of voluntary departure your boyfriend is going to require a waiver of inadmissibility due to his extened unlawful presence in the United States which results in a 10 year bar which is separate and distinct from the deportation issue. Also, why he was placed in removal proceedings will be relevant as well. Consult with an experienced immigration attorney who can review the case with you, advise you as to the relevant issues and options available, and recommend the best way to proceed.
While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.