Q: My fiancé got deported for possession of a controlled substance. We plan on getting married. Can he come back
A:
I understand how difficult and emotionally challenging this situation must be for both of you. Immigration cases involving criminal records are complex, and deportation for drug-related offenses creates significant barriers to returning to the United States.
Marriage to U.S. citizen usually helps with immigration, but drug convictions often make someone permanently inadmissible, meaning they cannot return even with marriage. However, depending on the specific circumstances, you might be able to apply for waiver of inadmissibility (Form I-601) based on extreme hardship to you as the U.S. citizen spouse.
Given the serious nature of your situation, you should consult with an experienced immigration attorney who can review the details of your case, including the exact criminal charges and conviction details. They can determine if your fiancé might qualify for any waivers or legal pathways to return, and guide you through the complex application process.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.