There are a lot of questions that need asked and answered to be able to fully explain your options. Getting caught at the border could have had different outcomes such as expedited removal or withdrawing his request to enter the US. Depending on the outcome, there will be different things that need to be done. "Has he lived in the US?" and "If so, for how long?" are other questions that really need to be asked and answered by him. I would recommend consulting with an immigration attorney before doing anything.
This answer does not constitute legal advice, and should not be relied on as each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
If you intend to get married in California, then you must first petition him for a fiancé (K-1) visa.
You should retain an experienced immigration lawyer to review all the facts and advise you accordingly.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
It would be faster to be a citizen.. but very complicated
I advise hiring a lawyer ASAP
Neil I Fleischer (513) 977-4209 www.immigrate2usa.com Note: Neil Fleischer is an attorney licensed in the State of Ohio The below answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client. Best regards, Neil Neil I Fleischer The Fleischer Law Firm, LLC 917 Main Street Cincinnati, Ohio 45202-1314 Direct telephone: 513 977 4209 firstname.lastname@example.org Enjoy our Blog at http://immigrate2usa.blogspot.com/
I agree with my colleagues, the first thing you need to do is to hire an immigration attorney.
The attorney will need all the information regarding the incident from 5 years ago to determine what your options are.
His prior attempt to illegally enter the country may be an issue -- was he actually caught and deported? If he tried this more than once and was caught more than once, that would carry more severe consequences. You could attempt the fiance visa route. File an I-129F and then consular process in with a K, marry within 90 days of entry to the U.S. and file for adjustment of status to green card. You might want to consult an immigration lawyer to make sure there are no issues of inadmissibility for his intention for an immigrant visa.
An attorney-client relationship is not formed by my responses to questions on Avvo. My responses are not intended to be legal advice and must not be relied upon as legal advice.