Can a Deported Immigrant Re-Enter the U.S. and Later Become a Citizen

**UnansweredQuestions** · 06-28-2009, 02:08 PM

An 18 year old illegally crossed the mexican border into Arizona and was jailed, fingerprinted and released back into mexico. A few days later this person entered the united states again, without detection. Now this person resides in the state of New York, has a fiance and baby on the way, and is looking for a way to legally live and work in the US. Is that possible without being sent away for 3-10 years? Also, in this situation marriage cannot help or further the naturalization process, but is it possible for this couple to marry in the near future, and should they fill out any special paperwork that will aid them in the future?

**LawResearcherMissy** · 06-28-2009, 07:40 PM

Is that possible without being sent away for 3-10 years?

No. If you enter illegally, there is nothing to be done to adjust your status while remaining here. It's much, much less complicated in the long run to enter legally.

Nothing prevents the couple from marrying, though it should be understood that the illegal spouse will always be subject to deportation if caught.

**UnansweredQuestions** · 06-29-2009, 08:19 AM

Quoting LawResearcherMissy

No. If you enter illegally, there is nothing to be done to adjust your status while remaining here. It's much, much less complicated in the long run to enter legally.

Nothing prevents the couple from marrying, though it should be understood that the illegal spouse will always be subject to deportation if caught.

Thank you so much for your response.
Do you know how long the illegal immigrant must wait before trying to reenter legally? Could this person simply return to mexico and apply at that time? If so what are the steps to applying? forms? Steps?

Would it be better/ safer for the couple to marry in Mexico? If they did marry in the US are there any forms that should be filled out?

**LawResearcherMissy** · 06-29-2009, 09:10 AM

Do you know how long the illegal immigrant must wait before trying to reenter legally?

Depends on the circumstances. They can try returning to Mexico and applying for permission to re-enter.

Your pals really ought to be talking to an immigration attorney if they plan to marry - Mexico's immigration requirements are just as complex as those of the US. It's not a simple matter of just skipping off to one country or the other and getting hitched.

**isla1rey** · 06-29-2009, 10:49 PM

I am in the same situation that you are. My husband entered illegaly in 2004 was caught and deported tried again got in. We have been married 3 years and have 1 child. This is what we have done so far;

consult a lawyer first
apply for I-130 if approved goto next step (ours took 5 months to process)
apply for I-485 and attach affidavit of support (you have to prove you can support your self child and husband) if not get a co-signer
We just submitted the I485 it should be about 8 months till we hear from Immigration then my husband has to go back to MX and wait till we get an interview. (our lawyer told us he has an 85% chance of being accepted.)

**UnansweredQuestions** · 07-01-2009, 12:09 PM

Thank you all for your responses! Isla1rey, was he already your husband when he was deported the first time? Also were you married in the US? Did you follow any special circumstances during the legal proceedings of the wedding?

**isla1rey** · 07-05-2009, 07:33 AM

He was not my husband when he was deported the first time. I didnt know him yet. I got married in the US. You just go and ask for a marriage application at the court house-he had a consulate ID from MX and they accepted that as a form of ID. There were no special legal circumstances to get married for us. I would advise you to get married -if your relationship is serious and your planning on taking on the legal fight just get married that way you can have more proof of your bona fide relationship.