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An illegal immigrant with DUI seeking legalization. Please advise.

Asked over 2 years ago - Chicago, IL

My friend is a citizen of East. Europe. In order to get to US he got a Mexican visa, crossed US border in 2001, wasn't caught. He got his SS# and driver's license. In 2003 he married another illegal immigrant. Had a child born in 2004. In 2006 he got a DUI and his fingerprints were taken. In 2008 he gets a divorce. All this time he was paying taxes (1099). What are his chances now to get legalized in US? Is marrying to US citizen (citizenship recently granted, never married before) will solve the problem? Does he have to leave US in order to get legal? If so, will they take his fingerprints when leaving the country? If coming back, will the fingerprints taken during DUI affect the entrance?

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Attorney answers (1)

Charles H Kuck

Reputation Level 14

Answered over 2 years ago. Immigration Attorney in Atlanta, GA.

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He will have to visa process, since he is inelgible for adjustment of status. If he is not married to a US citizen, so if he left he has no way to return to the US. He appears to have zero options at this time.

Best regards,
Charles

Charles H. Kuck
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