Peabody, MA asked in Immigration Law for Massachusetts

Q: My Fiancé got deported 7 years ago for trying to come into the United States illegally. I’m a us citizen born in America

Can I petition for him for him to come live with me in USA?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: You can petition for your fiancé, but his previous deportation for attempting to enter the U.S. illegally will complicate the process. Since he was deported, he may be subject to a bar from reentering the U.S., which could last for 10 years or longer depending on his specific situation. To move forward, you’ll need to file a Form I-129F to petition for a K-1 visa, which allows your fiancé to enter the U.S. to marry you.

However, given his immigration history, additional legal steps may be required, such as applying for a waiver to overcome the inadmissibility caused by his prior deportation. This waiver, often known as a Form I-601, would need to demonstrate that you, as a U.S. citizen, would suffer extreme hardship if he is not allowed to enter the country.

It’s important to carefully consider the immigration laws and potential obstacles. Consulting with an immigration professional could help guide you through the next steps.

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