dont know where to start

**chepesgirl** · 05-18-2011, 01:04 AM

i hope i am doing this right it has been a while. my bf and i were together 13 months when he got arrested. he was arrested for traffic violations. no felony convictions. he served his time and then deported. he has been in mexico since december 2010 and now has 10 year bar. he was kidnapped in reynosa, mx by los zetas and they beat him up tied him up and were taking him to kill him when he was rescued by the mx army with 4 other people. he has a police report and photos from the kidnapping my question is can he come back here and apply for asylum? if so what are the chances it will be granted? i appreciate any information. thank you in advance.

**China** · 05-18-2011, 02:44 AM

I really don't know but Maybe los g could help you out with this one and so sorry to hear about the zetas

**Laura Fernandez** · 05-18-2011, 03:17 AM

In order to win a claim for asylum, you need to have a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group. So, if he returns and claims asylum, he would need to make an argument, most likely under the category of "particular social group." It's not enough that he was beaten by a gang, unless he was targeted as the part of some sort of group. There are many kinds of groups. A skilled attorney who does these sorts of cases can come up with a group, if there is something applicable to his situation. Family can be a particular social group, but again, the key is to show he was targeted for some reason. These cases are really tough. Not many Mexicans win asylum. Not to be discouraging, but filing for him as your fiance or husband is much more certain, although it means more time in Mexico.

The other thing is that if he tries this he would not want to EWI, he would want to present himself at the border to claim asylum, as if he fails at asylum, the EWI will mean that he's barred under 212(a)(9)(C)(i), and you would not be able to successfully petition and get him his permanent residence through you. If he presents himself at the border to claim asylum and is paroled in, he won't trigger that harsh bar.

**Coventrated** · 05-18-2011, 04:44 AM

This a different BF to the one you previously posted about?

This subject has been discussed before, I would only mention that a false claim for Asylum would only complicate any other routes.

**chepesgirl** · 05-19-2011, 10:57 PM

yes 2 completely different people

**brendacs** · 05-19-2011, 10:59 PM

Im sorry, i dont know the whole story but i wanted to ask if there was an option to file for him as a fiance and go the i601 route or are you trying to avoid him staying in mexico any longer?

**chepesgirl** · 05-20-2011, 08:36 PM

how can i file for fiance visa if he was deported?

**cheyanne** · 05-27-2011, 02:23 AM

I hope this is truly a differant man then the one you wrote about in your post a few years back. What was he deported for? The Zetas targeted him for no reason? I would advise you stay away from men that strangle people or are possibly connected to cartels. Good luck to you.