Legal Question in Immigration Law in California

Deportation to Mexico

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 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. Can I apply to get him a legal residence card? I�m a legal resident.


Asked on 4/08/09, 4:56 pm

2 Answers from Attorneys

Joseph La Costa Joseph La Costa, Attorney at Law

Re: Deportation to Mexico

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.

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Answered on 4/14/09, 1:21 pm
Colin Greene Russakow, Greene & Tan, LLP

Re: Deportation to Mexico

How can he get "sent" to Mexico? I suspect he has more than just the 5 year bar to deal with. If he were here for more than a year out of status, he's subject to a 10 year bar in addition to the 5 year bar.

You need to naturalize then you can petition him, and as long as the situation isn't worse than you say, he will ultimately be back, it's just a question of how soon. It is possible to seek a waiver of the 10 year bar based upon hardship.

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Answered on 4/09/09, 10:10 am


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