Do I need a waiver????

[Isis 0]

Hi,

I have filed a fiance petition, and It has been approved, NVC received my file on the 9th of Feb, and I am waiting on a response from them.

My fiance, a Mexican citizen, tried to EWI I think it was in 1999 or so, he was caught in the Mexicali desert, he told me that they caught like 15 of them, they took their names, fingerprints all on the customs SUV, and then they took them to the border and sent them back to Mexico,

Is he considered as being deported??? Do you think he has a ban?

Thanks,,,,,

[kitkat1 5]

This is not deportation - it's "catch and release. Since he never really entered the country and did not accumulate illegal presence, it is considered an "attempted entry" and will not affect him -- a ban does not come into effect until a person has been illegally in the country for more than 180 days. However, he MUST tell the truth about this on the paperwork and at the interview. Chances are good that they have his prints and know he attempted to enter, and since there is no ban, there is no reason to lie. (Lying would create much bigger problems). So no need for a waiver, but do not lie about the situation.