Cactus, TX Immigration Law Firms & Lawyers

Yes if your boyfriend exits the USA he then will become subject to either a 3 or 10 year bar depending upon how much unlawful presence he has accumulated. To get around that he would have to file a waiver and proof of extreme hardship would need to be shown. Your best and safest bet is to relocate to the USA and process his paperwork here. My advice is to retain counsel to pursue the safest strategy for success. Every case is unique and every case must be delicately handled to assure the best chance of success.

The two cases are unrelated as long as both were bona fide relationships and not for immigration purposes. You and your boyfriend should get a consultation though to review his complete immigration history, method of entering the U.S., other qualifying relatives, and criminal record, any returns to the home country, etc. to assess what the process will be to obtain his permanent residency through your marriage and whether he will be able to file here or will need to return home and apply for a waiver or whether neither option is open to him.

Much depends on the reason for his deportation: if it were for being in the U.S. without a visa, there is a chance; if it were after a criminal conviction, then we have to look at the record of conviction because some crimes make a person forever barred from the U.S.