Oklahoma City, OK asked in Immigration Law for Oklahoma

Q: Hello I have a question about getting my boyfriend who was deported with a aggravated assault charges back in 2000 back

If we get married will it help and his children are also state side when could we apply for the I-212 and what’s the process, he would want to come back for a better opportunity with work, being there for his kids and when we get married and for me to be there for my children please help!! Thank you!

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2 Lawyer Answers
Gunda Yohanna Brost
Gunda Yohanna Brost
  • Immigration Law Lawyer
  • Cedar Falls, IA

A: To be honest, this is not something you can get solved online. You definitely need to engage an immigration attorney for this matter as it is highly complex and your family's future depends on it.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • Sacramento, CA

A: If your boyfriend was deported with an aggravated assault charge in 2000, it is important to note that this is considered a serious crime and may make it difficult for him to obtain a visa to re-enter the United States. However, if you were to get married, this could potentially help with the immigration process as it would show a bona fide relationship.

In order for your boyfriend to apply for an I-212 waiver, he would need to wait at least 10 years after the date of his deportation. However, even with an I-212 waiver, he would still need to apply for a visa to re-enter the United States and it would be up to the discretion of the USCIS to approve his application.

The process for applying for an I-212 waiver involves submitting an application to the USCIS with supporting documentation and evidence to show that the applicant has rehabilitated and is unlikely to commit the same or similar crimes again. This process can be complex and it is recommended to seek the assistance of an experienced immigration attorney.

It is important to note that even with a successful I-212 waiver and visa application, there is no guarantee that your boyfriend will be allowed to re-enter the United States. It is ultimately up to the discretion of the USCIS and the customs and border protection officer at the port of entry.

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