Legal Question in Immigration Law in Pennsylvania

Re: marrying after being deprted

You'll need to marry him, file a petition for his permanent residence back in the United States, then prepare a waiver of the deportation-triggered bar is he likely now subject to.

It's highly recommended you seek the services of a qualified immigration attorney in this case.

Re: marrying after being deprted

If you are a US citizen or a lawful permanent resident, you can file a petition with the US Citizenship and Immigration Services (USCIS) requesting immigrant status for your husband as a spouse of a US citizen or lawful permanent resident.

When you petition is approved, he can apply for an immigrant visa at the US Embassy in Guatemala. With that application, he would need to provide a waiver application. Since your husband was deported, he would need 2 waivers. One would be for the fact that he was deported and the second would be for the basis on which he was deported.

Unfortunately, there are no waiver available for certain grounds of inadmissibility. As a result, it is important to know the basis for his deportation.

The timeframe that you are looking at may be a little longer than a straightforward case. If you are a US citizen, your husband would be able to submit his immigrant visa and waiver application upon approval of your petition. If you are a lawful permanent resident, you may need to wait longer. In either case, you will also need to wait until the waiver application is adjudicated. This could take a month to several months.

I recommend that you seek the assistance of an attorney. If you have any questions, please feel free to contact me. If you would rather find someone in your area, please do so before you take any further steps.

I hope this was helpful.