Legal Question in Immigration Law in California
Deportation
My boyfriend (we lived together but weren�t married) got a DUI, hit and run he was in jail and got sent to Mexico on early January but not deported and he had a court date for early April. When he was trying to cross the border to come back in March 19 he was caught by the border patrol and they deported him for 5 years. He got send to Mexico when we had just had our first baby he was a week old. is there anything i can do? Can I apply to get him a legal residence card? I�m a legal resident. if i can howmuch would it cost? would i need to go get married?
THANK YOU for all your help
3 Answers from Attorneys
Re: Deportation
He may still have some rights depending if he was in front of a judge.This matter is complex and you should not try to do it yourself so you should get an attorney to discuss your options. If you are located in Southern California, you can email me your contact info, so we can discuss your particular situation. There is no charge for consultation.
Re: Deportation
First, you must be married to him and be a U.S. citizen to petition in any reasonable length of time. Second, he'd need a waiver of deportability approved. The waiver is discretionary.
I would be happy to help you out if you contact me offline. Check me out at http://www.yardum-hunter.com, fill out a consultation request there at http://www.yardum-hunter.com/Main/Consultation.asp or email me at [email protected].
Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization
ST: 15915 Ventura Blvd., Penthouse #1, Encino, CA 91436
EM: [email protected] WEB: http://www.yardum-hunter.com
A �Super Lawyer� 2004 � 2009, Los Angeles Magazine
Re: Deportation
Probably nothing can be done for years. First, boyfriends and girlfriends cannot do anything for each other. So, you would have to get married to him first. Second, lawyers who answer need to tell you upfront that with only a green card (i.e, you're a legal resident, not a US citizen), even if the deportation could be waived for your husband (when he becomes your husband), and you apply for him today as the spouse of a legal resident, he is stuck in Mexico until a visa number is available for a spouse of a legal resident. And when will that be? Well, currently they're running about seven years behind for Mexicans in that category.
If you apply for citizenship (at least 5 years after being a legal resident), then the wait won't be seven years. But, the waiver of deportation, as the lawyer said, will be pretty difficult to get approved, especially since he has repeated illegal entries to the US AND he has a DUI hit-and-run on his records, which is very bad.
Few cases are impossible, but this is a pretty difficult case. Cases like this can sometimes be successful, but it will cost you a LOT of money in attorney's fees because so many resources have to be thrown at it. And, frankly, in this economy, a lot of people are not willing to spend that money.
Larry L. Doan, Esq.
(Straight-talk on Immigration Law at www.GuruImmigration.com )
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