Immigration Issues/My boyfriend is going to be deported!
The other day i was driving and I got pulled over for spinning my tires. My boyfriend was in the passenger seat. the police officer asked for his name, and my boyfriend gave it to him. They checked the computer and nothing for that name came up. So they ended up asking him if he was legal or not. He told them that he is not, which is true. He is originally from Mexico. He entered into the U.S. about 5 years ago, and we have been together for 4. He is currently in the Albany County Jail in Albany, NY We have two children together and are expecting a third. I was told by INS that he should be going to court within the next two days. So my question(s) to you is if there is an order for him to be deported will he ever be able to become a citizen and if we will ever be able to get married in the U.S. without him being here legally? And how long does it take to get a Visa in Mexico?
An unfortunate situation. As he was your boyfriend, and not married at the time of his arrest, he is deportable without relief.
I would suggest he request voluntary departure and pay for his removal to Mexico.
Upon arrival, he can file a 212h waiver requesting permission to re-enter the US which will enable him to get a visa if approved.
You can also go to Mexico and marry him, at which point you can petition for him. Keep in mind, he will still need to file a waiver along with the other paperwork. As far as a time line for a visa, in his situation it will take awhile.
Note - if he is deported and returns to the US without permission, he is guilty of a felony. he can be imprisoned then deported, at which time he will face a permanent ban from the US.