WHAT TYPE OF VISA CAN HE APPLY FOR, THAT IS IF HE CAN?

[Carms07 0]

My husband and I went went through the K-1 process and he now has his green card. A friend of mine asked wether her and her fiance could do the same. Her situation is really different from mine, she is engaged to a guy who was caught illegaly crossing the border using a fake or stolen passport. He was on his way to marry my friend here in Arizona. He was encarcerated for two months and then deported for 5 years. I believe he signed a document to deport himself instead of facing more prison time. Is it possible for him to still apply for a visa later on once they are married? She wants to marry him in Mexico then apply for a visa for him to come to the States. I believe she has a "lawyer" helping her out, but with all the fraud going on these days, I am afraid that she is giving her false hopes. If anyone has any imput please help!

[kitkat1 5]

It would be faster and make more sense for her to apply for a fiance visa. The wait for a spousal visa appointment in CDJ is around 12 months but with a fiance visa there is no appointment necessary and the beneficiary can go for an interview as soon as he has received the fiance packet and has all the paperwork ready.

That said, he is currently inadmissible and will be denied and will then need to apply for a 601 waiver. She will need to prove extreme hardship to her, the USC, if the visa is denied and she is ultimately forced to relocate permanently to Mexico to be with her future husband.

If the passport indicated that he was a USC, he falsely claimed US citizenship and he is not admissible to the country.

If the lawyer is experienced in 601 waivers and the process in CDJ, she is not being given false hope, but she should understand the details of the 601 process and what is necessary to prove hardship.

She needs to tell the truth on all of the forms. Also, send her to the 601 forum on www.immigrate2us.net