Legal Question in Immigration Law in Massachusetts
Fiance already deported to Netherlands Antilles under 237(a)(1)(b)
My fiance entered the US as a WT(Visa Waiver) in January 2002 and didn't return to his country. He was picked up on a domestic disturbance which was dismissed and turned over to INS. I turned in all the documents he had and he was deported Jan 15, 2004. I have since visited him and now I am pregnant. My question is is there any way he could return before ten years. He does not have any criminal charges. I want to know if I have any other option than myself relocating there. He is from Sint Maarten the Netherlands Antilles and was deported under section
237(a)(1)(b)From Boston Mass. He was Transfered there from RI and I am a US citizen residing in RI.
Thankyou
3 Answers from Attorneys
Re: Fiance already deported to Netherlands Antilles under 237(a)(1)(b)
A baby is not going to get him re-admitted to the US. You can look into going there, but given the domestic violence incident, you might want to think about it. The protections you have had in this country in all likelihood won't be there in another country. Even here, DV victims have a hard enough time getting their rights protected. Some countries do it BETTER than the U.S., but doubt that is true in Netherland Antilles, but who knows?
Re: Fiance already deported to Netherlands Antilles under 237(a)(1)(b)
If his overstay was for more than six months you are right in assuming that he is barred for ten years from re-entering the United States, HOWEVER one strategy would be to marry him and petition for immediate relative. I would then seek a waiver of the re-entry ban based on extreme hardship to the U.S. Citizen spouse and child (assuming the child is his, that was not clear from the text of your email).
Re: Fiance already deported to Netherlands Antilles under 237(a)(1)(b)
Once you marry, it may be possible to apply for a hardship waiver and permission to reapply for admission after deportation. The hardship waiver could be based on many things, such as economic, emotional, or even physical hardships.