How Can I Help My Fiance Get Papers

[danileighr]

I am a USC, but my fiance is not. He came to the US illegally in 1996 and was deported back to Mexico a year later, but came right back to the US again. We had a baby last year and we're planning on getting married. I worry a lot about him being deported again and would like to know the best way to help him get a visa in this situation. I've heard of people in our situation going back to Mexico and marrying there and applying from there. In those cases I believe people lie about ever coming to the US, but my fiance was married and divorced in the US and has been here for the last 13 years since he was deported, so I don't think that is an option. Please help.

[Mr. Knowitall]

He's not going to be able to adjust his status because he has no status. If he leaves the U.S. he will be subject to a lifetime bar due to his illegal reentry after deportation. He has a small chance of getting a waiver of his ineligibility (although not while he remains in the U.S. - he has to apply from outside of the U.S.); you can discuss the situation in detail with an immigration lawyer to have that chance assessed.