Getting Fiance Visa After Voluntary Deportation

[janell08]

My fiance was denied his visa in June 2005 because of the use of drugs. We were told to come back in March 2008 to make another appointment for the visa. I had went to visit him last February and got pregnant. I had my baby and my fiance just recently came to the u.s illegally to see our daughter and then went to Chicago for only staying here for about 3 weeks. On his way back to Mexico, he signed his voluntary departure. With the fiance visa coming up, will it affect his visa? Since the last appointment he has not used any drugs and has remained in good character. Will he be given a bar for reentry? If not, could he come back here illegally to the us until the new appointment?

[Mr. Knowitall]

With his visa denied for drug use, he decided to enter the U.S. anyway and as a result has another black mark on his immigration record. (Reentering illegally again? Is your goal to prevent him from ever getting legal status?) I don't think his chances of being granted a visa are particularly good, and believe he should consult an immigration lawyer.

[janell08]

I had already consulted an attorney. He said that my fiance would have to show proof that he has been in mexico since his last visa appointment. He also stated that since he only came into the u.s illegally for about 3 weeks that they cannot give him a bar to coming back in the united states because there is a law stating a person over the age of 18 and in the united states for over 6 months will be given a bar for reentry. Since he was only here for 3 weeks there should not be a problem. Just that he needs to prove he has been in mexico this whole time. the attorney also stated that if they were not to grant the visa that we would be given an option to submit a waiver. Can you give any more advice?