I want to marry my boyfriend who was deported from the U.S for being illegally?

[mexolas]

New York

What is the name of your state (only U.S. law)? Newyork

My boyfriend was deported from the U.S. 2 years ago for being here illegally. He entered the U.S. when he 16 years old, his guardian( older sister) filed certain paper work to have guardianship over, but the immigration judge in the miami refused to grant his change of venue. So.. when he was about 23 yrs. old he was ordered to leave and got deported on march 2007. But it wasnt on criminal charges because he didnt leave in hand cuffs or sent to prison in his country. I need to know if I file the fiance visa, how long will it take? does he have a chance to re-enter the U.S.?

 

[ImmigAttyLana]

since he was deported after he turned 21, he has been accruing unlawful presence which bars him from reentering the US for 10 years unless he gets a waiver of that bar on the basis of showing extreme hardship to a US citizen spouse. A fiance visa petition will not do it since you will not be his US citizen spouse. If you are married AND if your circumstances are such that you can demonstrate extreme hardship, you might have a chance of overcoming the bar. But it is really difficult and you should consult with an attorney that handles these types of petitions in your area.