Can he be approved for a fiance visa?

The challenge is whether he needs a waiver of inadmissibility. Has he lived in the U.S. for more than 365 days without a visa or past I-94 entry expiration? If so, you may want to consider whether to bond him out from ICE (if possible) and marry him. Usually, many waivers require a spouse relationship. A U.S. Citizen or permanent resident spouse needs to prove that they will suffer extreme hardship as a matter of law, where a foreigner must depart the U.S. This can prove to be very difficult.

How long has he lived in the U.S.? Did someone petition one of his parents while he was under 21 years of age? If so, there may be hope if he can qualify to demand an Immigration Court hearing. We need to know more.

Was he previously ordered deported or removed? If so, he may have a permanent bar or may be required to wait ten years just to request the opportunity to file for a waiver of the bar on his right to immigrate. We need to know more. You should schedule an appointment with an experienced immigration attorney in Georgia like Bob Beer or Charles Kuck, among others.

This is general information and is not meant to create an attorney-client relationship.