Legal Question in Immigration Law in Pennsylvania
deportation and reentry with possible complications
i am engaged to a uk citizen who lived in the us for 10 years, overstayed by 9 years. a year ago, he took voluntary departure because his former wife abandoned him before following through with his application for papers was completed. he was approved to go on to the next step before this happened. he also was implicated (not convicted) in a drug charge that was awaiting trial when he left. ins never was aware at the time. we want to bring him back here, to usa, but are afraid a ki visa won't be enough or he has no chance at all. he is willing and wants to resolve the criminal issue but don't know what to do. please help!!!
1 Answer from Attorneys
Re: deportation and reentry with possible complications
You asked about potentially marrying a UK citizen with issues that make him excludable.
Generally a party that overstays a visa by more than six months, without reasonable excuse, is excludable for 10 years. Even in the best cases such an excludable person would face a three year ban on re-entry.
The drug charges may not, and should not be, hidden from the INS. As the potential sponsor you would potentially be responsible in hiding that fact from the INS, which would itself be a crime (and the INS would easily find out about the charges).
Your situation will require an immigration attorney and will involve a substantial amount of work. A better solution would be for you to marry and relocate to his country for a few years.
Regards,
Roger
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