1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Can my girlfriend come back after being deported

Discussion in 'Family Immigration, Fiancee & Marriage Visa' started by Jack from Jersey, Jul 8, 2019.

  1. Jack from Jersey

    Jack from Jersey Law Topic Starter New Member

    Messages:
    3
    Likes Received:
    0
    Trophy Points:
    1
    Jurisdiction:
    New Jersey
    My girlfriend came here 15 years ago. She over stayed her visa and was deported. It's been ten years. She is from scandanavia and has no criminal history. I want to marry her and bring her back to the States. Please help.
     
  2. flyingron

    flyingron Well-Known Member

    Messages:
    847
    Likes Received:
    398
    Trophy Points:
    63

    If the only issue she has was that she was deported after an overstay, then she was only subject to a ten year bar. If she tried to reenter the US while the bar was active, she most likely has a permanent bar.

    What is your status? US citizen or what? It makes a big difference.
     
  3. mightymoose

    mightymoose Moderator

    Messages:
    11,366
    Likes Received:
    1,966
    Trophy Points:
    113

    When a person is deported the time they must remain out of the country varies.
    If this was just a visa overstay with no other criminal conduct I suspect it is unlikely she would be prevented from returning after this long. She was probably only prohibited from returning for 5 years.
     
    Jack from Jersey likes this.
  4. flyingron

    flyingron Well-Known Member

    Messages:
    847
    Likes Received:
    398
    Trophy Points:
    63

    Eh? There's no such thing as a five year bar. Three years for overstays less than a year with a voluntary departure, ten years with a deportation or more than a year of illegal presence,

    Of course, just because she's not subject to the bar any longer doesn't mean she'll be admitted. Need more details.
     
  5. mightymoose

    mightymoose Moderator

    Messages:
    11,366
    Likes Received:
    1,966
    Trophy Points:
    113

    I misread my chart. The 5 year ban has to do with denial at a point of entry. It's old though... Maybe they don't do that anymore. Either way, it has been long enough.
    Given the immigration climate we currently have I would not expect returning to be a fast or even a smooth process. Marriage may help it along.

    You could always move to Scandinavia to be with her there.
     
  6. Jack from Jersey

    Jack from Jersey Law Topic Starter New Member

    Messages:
    3
    Likes Received:
    0
    Trophy Points:
    1
    Thank you.
    I am a 52 year old is citizen, born and raised in NJ. I have no criminal record, I am active in my community and I am a teacher and business owner.
     
  7. flyingron

    flyingron Well-Known Member

    Messages:
    847
    Likes Received:
    398
    Trophy Points:
    63

    You have two options. You can apply for a Fiancee (K-1) visa and bring her over. You then have 90 days to get married and apply for a change of status. Alternatively, you can marry her abroad and then submit an application to for her to enter as your spouse. That can take 10-13 months.

    Your record is relatively immaterial. All the above is determined whether she has other immigration issues other than the 15 yo overstay/removal.
     
  8. Jack from Jersey

    Jack from Jersey Law Topic Starter New Member

    Messages:
    3
    Likes Received:
    0
    Trophy Points:
    1
    Thank you for your help.
     
  9. justblue

    justblue Well-Known Member

    Messages:
    2,134
    Likes Received:
    931
    Trophy Points:
    113

    Where did you meet her?
     
  10. flyingron

    flyingron Well-Known Member

    Messages:
    847
    Likes Received:
    398
    Trophy Points:
    63

    What you don't want to do is have her attempt to enter on a vistor visa at this point with the intent to marry you and stay. That would be immigration fraud and would really muck up your chances to get her to stay legally. I suggest you run everything by an immigration attorney. You want to do this anyhow because if you screw up the filings you could waste both time and as much money as you'd have spent on the attorney to do it right.
     
  11. army judge

    army judge Super Moderator

    Messages:
    33,299
    Likes Received:
    5,341
    Trophy Points:
    113


    Pssst, come closer, I'll have to whisper this.

    Along our southern border all forms of humankind are entering the USA very easily by uttering a few magic words.

    Some are detained a few days, others are chatted up and released.

    Sooner or later each one receives about $4,700 a month from generous Uncle Sammy, plus food stamps, rental assistance, healthcare, and a passel of other sweet bennies.

    An internet search will quickly reveal the "magic" words and the "story" that must be told.
     
  12. PayrollHRGuy

    PayrollHRGuy Well-Known Member

    Messages:
    1,212
    Likes Received:
    607
    Trophy Points:
    113

    Really Army Judge?

    Asylum from the lawless, repressive governments of Scandinavia?
     
  13. army judge

    army judge Super Moderator

    Messages:
    33,299
    Likes Received:
    5,341
    Trophy Points:
    113

    That IS your characterization, mate, not mine.
     

Share This Page