I'm new to this and need advice!

[KimandRuss 0]

He was deported in 2000 and returned illegally in 2001

I don't think anyone is jumping to conclusions. Illegally = enter without inspection (EWI). Happens quite a bit actually.

If he was 'deported' in 2000 for being here illegally in 1999, he did not re-enter with a valid visa the following year....

[rebeccajo 14]

If an alien is EWI they cannot adjust status even if they are an immediate relative.

I'm sensing some missing facts. It seems odd for an alien to have entered in 1999 and been legally deported in 2000. A full-blown legal deportation usually takes longer than that (the courts just don't work that quickly). Was it a 'catch and release' situation? Hard to say without seeing any paperwork the alien may still possess. In reality, there may be little or no record at all of this 'deportation'.

And how did he re-enter 'illegally'? Did he sneak across a border? If so that's a true EWI. But did he maybe enter legally and simply overstay? Did he come in as a migrant worker? There's a big difference in illegal presence and being out of status.

Too many holes here to come to any conclusions.

Edited April 21, 2009 by rebeccajo

[rickynlucy 0]

"My boyfriend came here from Guatemala in 1999. He was deported in 2000 and returned illegally in 2001."

I think (9)©(i)(II) applies. If you re-enter EWI after a deportation it results in a lifetime ban. You can apply for a waiver after being out of the country for 10 years. If this applies, that means that he would have to wait outside of the US for 10 years before he is even eligible for a waiver. I think your best bet is to wait and pray for immigration reform.

I would check out immigrate2us.net, there are others with similar experiences and more info.

37. INA 212(a)(9)©(i)(II) renders

permanently inadmissible any alien who was

ordered removed and who subsequently

entered or attempted to enter the United

States without inspection. This provision

primarily affects deportees who attempt to

avoid a 9A refusal or denial of admission by

slipping across the border illegally. It is

broader than that, however, in that it also

covers previous deportees who had already

remained outside the U.S. for the period

required by 9A and whose entry without

inspection (EWI) or attempted EWI therefore

would not circumvent 9A.

38. INA section 212(a)(9)©(i)(II) applies

to aliens previously ordered removed at any

time -- whether before, on, or after

April 1, 1997. However, for (9)©(i)(II) to

apply, the alien's unlawful reentry or

attempted reentry without inspection must

have occurred on or after April 1, 1997.

Thus, an alien deported prior to 4/1/97 who

attempted to reenter without inspection

on or after 4/1/97 would/would be ineligible

under this provision, whereas an alien in the

same circumstances who had

attempted reentry without inspection

prior/prior to 4/1/97 would not/not be

subject to this provision.

39. While these rules may seem confusing,

they actually follow logically from the rules

applicable to 9A and 9B. Thus,

(9)©(i)(I), which is aimed primarily at

aliens seeking to circumvent a 9B

ineligibility, follows the same rule as 9B:

unlawful

presence prior to 4/1/97 does not/not count.

On the other hand, (9)©(i)(II), which is

aimed primarily at aliens seeking to

circumvent a 9A ineligibility, follows the

same rule as 9A: deportations prior to 4/1/97

generally do/do count (at least for

purposes of 9A2).

40. An alien found ineligible under either

subsection of 9C may seek "consent to

reapply" for admission from the Attorney

General after he or she has been outside the

U.S. for more than 10 years.

[Bocajr27 3]

OK. I will not lecture you because that's not what you need. There are a few different options here (from what I've read on this site from various people).

Option 1

One is for you to get married here in the states and have him leave, then you petition his return as your husband. Yes you will need a waiver if he's been deported (which some say is hard to obtain), but sometimes USCIS sees that you guys have a child and might give it to you.

Option 2

You don't get married here. He goes back and you petition him under a K1 or K3. Again, you'll probably need a waiver (I'm not really sure) but if everything goes well, he would come here and you guys could get married here.

Option 3

DON'T LET HIM LEAVE. I hate to say this, but it might be in your best interest that he not leave right now. Immigration Reform is on it's way , weather America likes it or not (especially for those families that would be sepperated from their children). The only thing is that we don't know when. Ultimately, the choice is yours.

Here's the Thing

Either way, I agree with one of the other people who offered you advise on this site. Consult a lawyer. Not just one, but a few. Make an educated decision what you should do. In any case, please be warned that this is a very lengthy process. Please remember that Lawyers are there to make money like anyone else and no one will care more about your case but you.

I wish you the best of luck and my thoughts and prayers are with you and your family.

[canadian_wife 1,823]

Entering EWI and entering EWI after a deportation are 2 very different things. The OP needs to know exactly what the consequences are for entering EWI after a deportation.

I'm pretty sure that he cannot adjust status because of the EWI. But also he must get past the reasons for deportation. If it was due to criminal activity, that is not likely to be overlooked.

Good luck on your journey. Consult a HIGHLY qualified immigration attorney and visit www.immigrate2us.net

[JERIII 8]

He was deported in 2000 and returned illegally in 2001

I don't think anyone is jumping to conclusions. Illegally = enter without inspection (EWI). Happens quite a bit actually.

If he was 'deported' in 2000 for being here illegally in 1999, he did not re-enter with a valid visa the following year....

The reason I asked the question about what was meant by "entered illegally" is because my wife works with "illegal" immigrants all the time. Much of the time when one says he "entered illegally," he does mean EWI. BUT - much of the time they mean that they entered as a tourist and stayed. My point is that not everyone uses the lingo the way it should be used, or the way it is used on VJ. I would still like to see a clarification from the original poster.

Edited April 22, 2009 by JERIII

[Carlos and Jocel 2]

Hello Everyone! Thanks you in advance for taking th time to read this and helping out if you can. My boyfriend came here from Guatemala in 1999. He was deported in 2000 and returned illegally in 2001. I don't need immigration lectures so please only helpful advice thanks! Anyway, we have a child together and want to get married. We saw a lawyer and she said get married here and we will apply for the waiver. I was always under the immpression we should marry in Guatemala, but the lawyer said it doesn't really matter. She said she has always been approved, but my big fear is that he will go to Guatemala and not be able to return. I am so terrified of this. I am willing to go to Guatemala for awhile to be with him, but because of my daughter and all I have heard about Guatemala lately I am terrified of this also. Anyone know how long he will have to stay there and if there is a chance he won't be allowed to come back??

We want to do whats right but I am scared of losing him.

@@@ Both of you stay in the states as if he retunrs to Guatamala, he is ban from entering the states for at least 10 years due to the deportation and now here illegally. Get a 2nd opinion from other immigrant lawyers that have experienced on deportation issues. Goodluck!