Legal Question in Immigration Law in Kansas

My boyfriend has been in America before and we have a daughter now. He is in Mexico now, but wants to come back to the Usa . What are the steps for him to come here.


Asked on 9/29/10, 10:02 am

3 Answers from Attorneys

Luba Smal Smal Immigration Law Office

Assuming that you are a US citizen, you can either marry him in Mexico and petition for him as your husband, or file a Fiance visa petition. If you two do not plan to marry, you can't petition for him. A minor child can't petition for him as well. Before filing any one of the petitions with the USCIS, you shall review his eligibility with the Immigration Attorney to see if he is eligible for a visa and not inadmissible.

If you�d like to schedule a telephone or email legal consultation, need legal advice or help, please let me know and I�d be glad to help you. I am an immigration attorney and offer confidential consultations and legal help in matters of the U.S.A. federal immigration law to clients from all 50 States and internationally. Please email your inquiries at [email protected] and I�ll send you a Questionnaire. Office Telephone line is 1-402-210-2040 (please EMAIL first to schedule a consultation appointment with an attorney).

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. For more information or to schedule a consultation, please visit http://www.law-visa-usa.com/contact_us.html

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Answered on 10/04/10, 10:08 am
Latangie Williams Law Office of Latangie Williams, P.A.

That depends. If he would like to come for a visit, he can apply for a visitor''s (B-2) visa. If you two are engaged, you can file for him as a fiance but you would have to marry him within 3 months of him entering the U.S. You can also marry him in Mexico and apply for him through Consular Processing. That way, he can enter with a greencard and have an employment authorization card so that he can obtain employment. There are several options available and ultimately, you would have to make the decision based on your objectives. Why did he return to Mexico? Was he deported? Please call me at 1-800-408-5818 to discuss the details of your case further or email me at [email protected].

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Answered on 10/04/10, 10:16 am
Michael Cho Law Offices of Michael Cho

It depends how long and in what status he previously stayed in the US, as well as his immigration/criminal history.

In general, you can apply for a K-1 fiancee visa or K-3 spouse/I-130 petition. A waiver may be required depending upon the situation.

You may contact me for a free consultation here:

http://www.msclaw.com/Consultation_Request.html

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Answered on 10/04/10, 1:37 pm


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