Need advice please.

[Teaka34]

Hello Everyone 

First of all, I would like to thank anyone who takes the time to read, and answer my question with professionalism, and honesty. There are a lot of details to my fiance's case, and if I am unclear about anything, I would be happy to try to explain anything I can, as best I can over the internet.

 

 

I have known my fiance' for many years, and he was deported to Mexico in 2008 for an aggravated felony involving moral turpitude (robbery). He was brought to the United States when he was only a few months old, his parents are United States citizens, as well as his two younger brothers. At the time of his deportation, he was married to a United States citizen and has two children with his ex wife. She filed for a divorce and custody while he was in prison, and won. He served 10 months of a 3 year sentence. When he accepted the plea bargain, he was not informed by his defense that he would face deportation after his release if he took the plea.

He has lived in Mexico since his deportation, and has been unable to find employment because of his United States record as Mexico has ties with the U.S. and they do background checks. I have been to visit him several times, however I have a child from a previous relationship, so living in Mexico is out of the question for us. He and I now have a two year old son as well.

We fall under a few of the hardship clauses that might work to help get him back into the United States. 1. My child from a previous relationship, preventing us from living in Mexico. 2. I hold a healthcare degree, that is specific to the United States only. 3. I take care of my sick father in the United States, and cannot leave him.

Aside from all of that, I have found out that we can actually re-open his case to try to have his sentence dropped down to time served. Since 10 months would not be considered a felony, his chances of being able to return become significantly higher. Since his attorney did not inform him that he would be deported (if he had, obviously my fiance would not have taken the plea bargain), that should be enough reason to get the case looked at again.

My question to you is, how do we go about doing all of this? We have been together for five years, and things need to start happening. Any advice will be appreciated. Thank you in advance.

[t75]

He is not even your husband so there is no hardship. You had a child after he was deported which says his absence was not a hardship. (On a personal note, why would you become involved with a felon?)

 

You need an attorney specializing in hardship waivers to review your case. There is an online forum specializing in this type of discussion. You will find an attorney recommendation there.

[jairichi]

Hello Everyone 

First of all, I would like to thank anyone who takes the time to read, and answer my question with professionalism, and honesty. There are a lot of details to my fiance's case, and if I am unclear about anything, I would be happy to try to explain anything I can, as best I can over the internet.

 

 

I have known my fiance' for many years, and he was deported to Mexico in 2008 for an aggravated felony involving moral turpitude (robbery). He was brought to the United States when he was only a few months old, his parents are United States citizens, as well as his two younger brothers. At the time of his deportation, he was married to a United States citizen and has two children with his ex wife. She filed for a divorce and custody while he was in prison, and won. He served 10 months of a 3 year sentence. When he accepted the plea bargain, he was not informed by his defense that he would face deportation after his release if he took the plea.

He has lived in Mexico since his deportation, and has been unable to find employment because of his United States record as Mexico has ties with the U.S. and they do background checks. I have been to visit him several times, however I have a child from a previous relationship, so living in Mexico is out of the question for us. He and I now have a two year old son as well.

We fall under a few of the hardship clauses that might work to help get him back into the United States. 1. My child from a previous relationship, preventing us from living in Mexico. 2. I hold a healthcare degree, that is specific to the United States only. 3. I take care of my sick father in the United States, and cannot leave him.

Aside from all of that, I have found out that we can actually re-open his case to try to have his sentence dropped down to time served. Since 10 months would not be considered a felony, his chances of being able to return become significantly higher. Since his attorney did not inform him that he would be deported (if he had, obviously my fiance would not have taken the plea bargain), that should be enough reason to get the case looked at again.

My question to you is, how do we go about doing all of this? We have been together for five years, and things need to start happening. Any advice will be appreciated. Thank you in advance.

Talk to a good immigration attorney like one from murthy law firm. They will guide you.