Fiance entered US illegally:Could I still file a I129F petition for him?

[HYZ 0]

Hi, I filed form I129F in March 2009. My fiance and I have been together for more than 5 years now. I am patiently waiting to receive any new information from the Vermont Service Center, but I am nervous about something and I was wondering if anyone could help me. My fiance tried to enter illegally to Puerto Rico from Dominican Republic, in 2003 (seven years ago) when he was 17 years old. He was caught in Puerto Rico and deported to Dominican Republic. In DR, the consulate told him that after five years that deportation would erase from his record since he was under-age and that he could try to enter the US legally after those five years. I would like to know if that affects the petition and also, should he have sent a pardon when we started filing form I129F? I am so afraid that will ruin his chances. Can someone please help? Thanks in advance.

[Nik+Heather 121]

Well, from what you have said, he received a 5 year ban. It's been 7 years, so should be no problem. If there's still a ban on his record, you can overcome it with a waiver, or wait out the rest of the time (if there's any left).

[payxibka 10,045]

regardless it does not affect the petition as it is a visa issue not a petition issue... it will be dealt with later at the consulate, if it is an issue

Edited September 12, 2009 by payxibka

[HYZ 0]

Thanks to everyone for the help. That took a big worry off my mind. Congratulations Nik+Heather!

[brlukath 1]

You do need to be honest about it though. And make sure it was only a 5 year ban. If the ban is still in effect, it is actually ILLEGAL to apply for a visa or otherwise seek admission to the USA without FIRST getting permission, so you could get in more trouble. Does he have any paperwork from that time? Was he actually removed (deported), or did they just deny him entry? Also, does he have a record in DR because of this? Sometimes you face consequences in DR for this sort of thing.

It looks like you have a lot of information to gather. And, since you know in advance that you have an issue, it may be advisable to shell out the cash for a GOOD US immigration lawyer. S/he will be able to facilitate the acquisition of any available documentation (and your SO's A number etc.), so that you can be proactive and not delay the process.

Good luck.

[R de la R 2]

Thanks to everyone for the help. That took a big worry off my mind. Congratulations Nik+Heather!

Tell him to go to get a record police at Fiscalia RD330.00 to check if he is totally clean in the police records, which is computarized now. It is not like in the past that is done manually.

When you get approved and you filled out the forms, do not lie about this because it is going to be worst for your both.

Write NOW to the Embassy and ask for some explanation and some kind of prove that he has been banned. Go to the webpage and you will find an email there where you can ask for info.

[HYZ 0]

You do need to be honest about it though. And make sure it was only a 5 year ban. If the ban is still in effect, it is actually ILLEGAL to apply for a visa or otherwise seek admission to the USA without FIRST getting permission, so you could get in more trouble. Does he have any paperwork from that time? Was he actually removed (deported), or did they just deny him entry? Also, does he have a record in DR because of this? Sometimes you face consequences in DR for this sort of thing.

It looks like you have a lot of information to gather. And, since you know in advance that you have an issue, it may be advisable to shell out the cash for a GOOD US immigration lawyer. S/he will be able to facilitate the acquisition of any available documentation (and your SO's A number etc.), so that you can be proactive and not delay the process.

Good luck.

Thanks for the information. My fiance says that he was not given any paperwork or anything, they just took his fingerprints in Puerto Rico the same day he entered and after 10 days, they deported him back to DR. He does not have a record in DR, which seems very weird to me. But his record is clean. I am not sure what to make of it.