My boyfriend was deported in 2001 issued with a 10 year ban from reentry. Last year his mother applied (now a US Citizen) filed out and submitted an I130 form which was approved. A few months later my boyfriend received a letter from the Honudran Consule started that his visa was approved however there were no visa available. His mother was not sure if the lawyer filed paperwork that would make his 10 year ban void. My question is if his visa was approved and he attempted to gain entry into the US would they let him in? My thinking in this is that if I file for a fiance visa those get approved alot faster that 130s, would they let him in the country. His was deported to Honduras - reason for deportation - committing a crime involving Moral Turpitude (Malicious Destruction of Property over $250.00). He was picked up at work by INS and detained for 5 weeks before he was deported - in turn involuntary deportation.
If and when your boyfriend gets approved either K1 (fiance) or immigrant visa (through his mother), he most likely wan't have a problem entering the US. However, to get any visa approved in the next 6 years, he will have to file a waiver to overcome 10 year bar.
In general, a waiver is filed after the consular officer finds him ineligible to receive a visa.
USC's sons and daughters over 21 years of age have to wait 4 - 6 years on average (up to 15 years if they are coming from Philippines), to have a visa number available to them... only then they can apply for an immigrat visa. By approving I-130, USCIS only said: yes, the mother is eligible to file for her son and she proved that he is indeed her son.
You can read a lot abot waivers and get some good advices at: http://www.visajourney.com/forums/index.php?showforum=113 http://www.immigrate2us.net/forum/ under waivers
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