Coolidge, GA Immigration Law Firms & Lawyers

A foreign national may apply for a visitor's visa (B1/B2) to visit her U.S. Citizen child in the U.S., so long as she genuinely has the intention to remain in the U.S. only temporarily, and then return abroad. If the foreign national later were to decide that she would like to remain permanently, her U.S. citizen adult child could petition for her to adjust status in the Immediate Relative visa category. In that process it would be important to be able to persuade a skeptical USCIS adjudicating officer that she genuinely intended to stay only temporarily when she entered the U.S. If an adjustment of status application is filed within 60 days of entry on a visitor's visa, there becomes a legal presumption that she had "immigrant intent," and that she misused and was ineligible for a visitor's visa, which could result not only in denial of the adjustment of status application, but also could result in even more harsh consequences. Legal presumptions, however, may be rebutted upon presentation of convincing documentary evidence. If a foreign national visits her adult U.S. citizen child on a B1/B2 visa, and then timely returns home abroad, and then decides that she would like to reside permanently in the U.S., the U.S. citizen and foreign national parent may apply abroad through "consular processing" for the parent to return to the U.S. and become a Permanent Resident.

A US Citizen residing overseas can sponsor his spouse after marriage for a green card and process at the US Consulate where you reside. At your interview, you would need to convince the officer that you both have taken concrete steps to relocate to the US and can prove that through documentaary evidence. 

Whether you have any options will be dependent upon the circumstances surrounding his deportation. Without knowing what he was deported for, it is not possible to provide you with an adequate response. If you are a US Citizen, you may have some options to petition for him. Further, there are waiver options for people who have been deported, but they must qualify for the waiver. If you already have a valid marriage, remarrying him in Mexico will not help. I suggest you speak with an immigration attorney about the facts of your case to determine what your options are.