Re-entry after deportation

[JeremyR 8]

Ok, so the fiancé of a friend is being deported to Mexico forthwith. My understanding is that a deportation order appeal failed and he's leaving this week to avoid being arrested and escorted to the airport next week.

The friend (who has dual-citizenship) is talking about going with him, marrying there and attempting to then bring him back legally. Can you knowledgeable VJ people please confirm two things for me before I give advice that I'm not totally sure about:

1) If he's been deported, there will certainly be a re-entry ban, most likely 10 years, effective from the date he leaves?

2) There's zero prospect of either a fiancé, spousal or any other visa being approved during a re-entry ban and there is no waiver available?

I'm 90% sure she's making a mistake with this plan in that there's no way it will succeed but I want to be 100% before I say anything.

[JimVaPhuong 4,863]

Ok, so the fiancé of a friend is being deported to Mexico forthwith. My understanding is that a deportation order appeal failed and he's leaving this week to avoid being arrested and escorted to the airport next week.

The friend (who has dual-citizenship) is talking about going with him, marrying there and attempting to then bring him back legally. Can you knowledgeable VJ people please confirm two things for me before I give advice that I'm not totally sure about:

1) If he's been deported, there will certainly be a re-entry ban, most likely 10 years, effective from the date he leaves?

2) There's zero prospect of either a fiancé, spousal or any other visa being approved during a re-entry ban and there is no waiver available?

I'm 90% sure she's making a mistake with this plan in that there's no way it will succeed but I want to be 100% before I say anything.

What is he being deported for?

[Penguin_ie 5,993]

1. There will definitely be a ban, how much will depend on how long he overstayed, and any other issues (criminal activity, miss-representation etc). They will have told him by now what the ban is; it could be 3 years, 10 years or lifetime.

2. Depends on the reason for deportation. Waivers are possible to be filed for most things, but are much more likely to be approved for some things than others. Also depends on her circumstances, as she'd need to prove undue hardship to herself, the USC, because he canot be with her in the USA.

[JeremyR 8]

Thanks, I've learned some more things since yesterday. The ban is ten years. The deportation order is for illegal presence (was brought in by parents as a young-ish child). I'm not sure that I'm in possession of all the facts but there may be a crime involved too.

They're going to consult with a new lawyer early next week but still seem to think that they can flee across the border, marry, file I-130, wait a while, get a visa and come right on back while there's a re-entry ban in place. I think they're wasting money retaining a new lawyer at this point but at the same time I'm hoping that the lawyer will tell it like it is and they will realise that the path ahead is not as simple and worry-free as they think it will be... If she can get that message across to them, it'll be money well spent, I feel.

To be clear, I don't have much sympathy for the guy being deported. He's a nice guy and it's not really his fault that his parents didn't bring him in properly but he's done some other 'stuff' that really didn't help his case. It's the 'friend' I'm worried about...

[Anh map 2,098]

An experienced, qualified immigration attorney will give them all their options.

Sounds like they need to accept the information/education they are being given.

Best of luck to your friend.

[NigeriaorBust 4,087]

There is a forum immigrate2us that is mostly couples from south of the US dealing with deportation. It is not as quick as your young friends want it to be. That group is very good at helping each other through the issues such as hardship letters

[Old Dominion 26]

From what you say of this guy, in addition to the problem caused when his parents brought him here, he's done some things to make him an undesirable resident? That pattern might be his downfall.

[Brother Hesekiel 2,236]

Sneak through the border, ignore the 10-year ban, and try to adjust status no matter what. Looks like you have the perfect recipe for a lifetime ban from the United States.

[Krikit 1,164]

This link provides a bit of information:

Consequences of Unlawful Overstay