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DUI conviction for alien resident, would marriage to a U.S. citizen allow alien to stay in the U.S.

Is there any way that can help my partner get an approval of some kind to stay in the U.S? Since He has just gotten his first DUI. We have been together for about 3 years and I'm having his daughter and he has gone to Tacoma where they keep all Immingrents, My sister-in-law and family paid his bond for him to be released he came to the U.S back in Aug. of 01". So my question is, is there anyway other then getting married that he can qualify to stay in the U.S?

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Attorney answers (3)

Reputation Level 9
You will need to provide some more information in order to get any valuable input on this case. It is not clear from your question what the immigration status of your partner is. I would assume that he entered the country illegally or was otherwise out-of-status since he was sent to an immigration jail. Knowing his current immigration status is critical to determining what remedies, if any, might be available. It is also important to know whether you are a U.S. Citizen. Feel free to email me with some more information and I'll try to give you a little more guidance. Thank you for your question.

Reputation Level 14
Normally, drunk driving is not a deportable offense. I'm not sure what you mean by his "bond" . . . Immigration Bond, or DUI Bond? If your partner is out on an immigration bond, then he is already in immigration proceedings and marriage to a US citizen will not help him. If it is only a DUI bond, talk to a qualified immigration lawyer and provide him with the facts you did not provide in your question and then he/she can answer your specific questions.

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Reputation Level 13
Hi, from the information provided, he may not even be eligible to stay in the US if he did marry a US citizen. An attorney would need to know how he entered the US and also if any papers have ever been filed on his behalf or his parents behalf for an immigration benefit. It is also important to know the status of his parents. Without that information it cannot be determined if he can legalize his status in the US even with marrige to an American citizen.

He is fortunate to have bonded out and should seek the assistance of an immigration attorney in your area as soon as possible.

Good luck,
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