My fiance was recently in prison on an aggrevated assault charge. He served over a year in state prison and was just deported yesterday. The judge gave him no time to plead his case. He was born in Mexico, and brought over on a passport when he was only 1 years old. Is there any possibility of him being granted re entry? Is marriage a possibility? He was a working resident since he was 16 years of age. He has two children, both with me. I have proof of us being together for the past 6 years, although we have been together for 10 years. Does common law marriage play a factor in his return?

-- Christine Facio (christine.facio@irwinmortgage.com), July 15, 2004

Answers

If your fiance was never a permanent resident, it may be possible to apply for waivers of inadmissibility that would allow him to return if the two of you married. (Common law marriage would only matter if your state recognizes it.) To win the waivers it would be necessary to show that the removal is causing you extreme hardship, and that your fiances has reformed and rehabilitated himself. This will not be easy , but is not impossible.

However, if he was formerly a permanent resident he is inelgible to apply for the waiver. You need a lot of perservernace and a very good immgration lawyer.

-- Michael Boyle (info@immigrantcenter.com), July 19, 2004.