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    My boyfriend was deported to Mexico over a year ago after living in the U.S. illegally for over ten years (he was brought here by his parents.He graduated hs and attended college here).Now me and him have a 6 month old daughter (born in the U.S.) and my question is is there any way that he can re-enter the U.S. legally to be with her and me?(I am a citizen born here as well by the way). We would like to get married here if thats ever possible bacause I dont want to raise our daughter in Mexico. Also, while he was detained I read about different apeals that could have been filed because he was here over 10 years. Would that have helped? We asked but received no information from the lawyer he had at the time.

  • #2
    My boyfriend was deported to Mexico over a year ago after living in the U.S. illegally for over ten years (he was brought here by his parents.He graduated hs and attended college here).Now me and him have a 6 month old daughter (born in the U.S.) and my question is is there any way that he can re-enter the U.S. legally to be with her and me?(I am a citizen born here as well by the way). We would like to get married here if thats ever possible bacause I dont want to raise our daughter in Mexico. Also, while he was detained I read about different apeals that could have been filed because he was here over 10 years. Would that have helped? We asked but received no information from the lawyer he had at the time.

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    • #3
      You may file an immigrant visa petition with an application for waiver of grounds of exclusion for him after you get married. He must remain in Mexico during this process.

      Good luck.

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      • #4
        have him text ProudUSC while he's driving (no doubt he hasn't got a license) to see about future employment, re-lining enema bags.

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        • #5
          I think you can submit a I 130 petition for alien relative but you have to be married with him first.The visas are usually granted according to the numbers of visas available for Mexico, I know that if you would have done it while he was still here they would have sent him back anyway in Mexico to wait for a visa.
          It took about 7 months for e to bring my mother, I know it takes a little longer for husband.
          Alina

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          • #6
            Hi EJL369,

            you have 2 options:

            1. petition your boyfriend as a fiancee (form I-129)
            or
            2. get married in Mexico and petition for him as a spouse (form I-130)

            In either case, you will have to prove that you, an US citizen, would suffer extreme hardship if he is not allowed to return to the USA.

            Now, he is not eligible for a visa because of his prior immigration rules violations. With the approved waivers (I-610 for overstay and I-212 for deportation) based on your extreme hardship, his ban on return may be lifted.

            So, you can start with deciding which way you want to go, read forms and instructions (including form I-864), and read the letters of extreme hardship others have posted on the internet. You can also consult a lawyer.

            Mexico is not known as a country where it is tough to get waivers approved. And it is fairly fast compared to the others.

            In a few words, the process would be:
            1. you file a petition
            2. your petition is approved
            3. he has a visa interview
            4. visa is denied
            5. file waivers
            6. if waivers are approved, he can get a visa and return

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            • #7
              The reason we did not get married before was because I only turned 18 one month after his deportation and prior to that my mother would not concent to our marriage and sign the needed documents for me. Thank you to everyone for your advice.

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              • #8
                aneri: Young man entered US on F-1 visa, in 1996, completed his school, he was from one of the country there national needs to be registered, Which he had never did he also had his business for some time had his SSN, and company registered with IRS as well, paid taxs for an dnow I think he is working even now he is paying is taxs, Now he palans to get married with an LPR...
                A friend was asking all this ....
                In my opinion I think still he will have no chnace to get I-551, untill his spouse become Citizen...which need two month or two years I think....
                What is your opinion abut the laws ...

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                • #9
                  quote]visas are usually granted according to the numbers of visas available for Mexico[/quote]
                  There is no limit for IR-1 category.

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                  • #10
                    aneri, im sure this will sound ignorant but I'm very confused and have to ask: how would I use form I-129 to petition for him as a fiancee? From what I read I got the impression that only an employer could use that particular from.

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                    • #11
                      Form is I-129F.

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                      • #12
                        I-129F for fiancees. But I can guarentee you that an fiancee petition will be rejected. You have to get married to show your commitment.

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