My boyfriend of 2 years was deported on January 7th of 2017. He was arrested December 5th of 2018 for possession on less than an ounce of marijuana and driving without a drivers license. We were planning on getting married before the arrest happened, however plans obviously changed. He is currently in Honduras and I was wondering if I could marry him there and return to fill out I-130 and all of the other forms that go along with it. I understand that an illegal alien may have to wait 10 years or more to attempt to return to the U.S. But he is important to his household, as he was paying most of the bills and providing for everyone. I have many concerns. Such as our marriage appearing false because he was just removed from the U.S.
1oz= 28.34952g. up to 30 grams of simple possession of marijuana for personal use on a first conviction could be waived with extreme hardship shown to you. See INA 212(h) and applicable regulations for more information. Talk to an immigration lawyer which step would be very prudent to take.
My answer to your question is intended only as an offer of general legal information and does not create an attorney/client relationship. This answer is no substitute for a consultation with an competent attorney concerning the precise facts of your case as they might be. In fact, you are strongly encouraged to have a personalized consultation with an attorney competent in the area of inquiry to review all the facts in your case and obtain legal advice tailored to your specific situation. Please understand that my answer does not create any specific attorney client relationship which relationship can only be created by formally retaining this firm to represent you in a specific matter. If you found my answer to be “Helpful” or to be the “Best Answer,” among those presented to this specific inquiry, kindly mark it as such.
There is a waiver available. But if he was deported that makes three grounds of inadmissibility: 1. unlawful presence, 2. the crime, 3. order of removal. I don't see any application you prepare being successful without a really good immigration attorney. I suggest you find one quickly. The good news is this doable. The bad news is it will take years, be expensive, and difficult to accomplish. You need an attorney that focuses on immigration
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline