Fiance visa

I'm a US citizen and my fiance is from Mexico. My fiance entered the US illegaly. My fiance is now living in the USA but he has a court date on March 2nd. He was stopped by the police last year and he was sent directly to immigration. This will be his first court. When he actually leaves the US I plan on filing for the fiance visa. I just want to know if that will be a problem. Or what do we do.
Thank you

enp1987

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Phil's picture

Problems after unlawful entry and removal

Hi there and thanks for posting your question. you and your fiance are going to have a tough road ahead of you regarding immigration. First, because your fiance entered the country illegally he may be barred from returning lawfully for 3 or 10 years. If he is in removal proceedings now and an order of removal is ultimately entered there will be even more problems for him to return to the U.S. If he does not have an attorney now he should get one and try to minimize the potential damage caused by the removal proceeding on his future plans to immigrate. It is unlikely that an attorney can do anything to keep him in the U.S. but good representation could help him make it easier to come to the U.S. legally. I would advise you to find an immigration attorney in your area that specializes in removal.

At the end of the day, you will probably still have to deal with these issues if you attempt to obtain a K1 or immigrant visa for your fiance. There are waivers available in some cases but they can be very difficult to obtain.

Best of luck to you and your fiance.

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