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Immigration Issues/Marriage to an Illegal Immigrant

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QUESTION: My boyfriend entered the US illegally. He is trying to get a divorce from his current wife and is required to leave the US to finish the divorce process. My question is this: If he leaves voluntarily and gets his divorce can he reenter the country for us to get married. We have a child together and I am a US citizen. What would we have to do to insure his return?
ANSWER: If he leaves the U.S., he will be barred from returning for 10 years unless he gets a waiver which is not easy to get.

Regards,

Robert

---------- FOLLOW-UP ----------

QUESTION: He has decided to leave to get his divorce. If we marry in Mexico, what can we do to try to dimiss the ban? We have a two year old little girl and I don't want her to live without her father.

Answer
If he leaves he will be there a minimum of 1-2 years while they procvess his case. After he gets divorced, you have to marry him and file a petition for him. The approved petition will eventually wind up at the Embassy and he will be called in for an interview and then provided papers for the waiver of the ban. He files that and then waits for an answer. If they approve the waiver they will issue the visa. If not, he will be stuck there 10 years.

Regards,

Robert

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