How can I fix my boyfriend's immigration status?

Asked over 1 year ago - Mesa, AZ

I will soon be marrying, but my boyfriend is an illegal, he has never entered in the United States,but we are planing to get married in Mexico. Would it be a problem to make him a resident?

Attorney answers (6)

  1. Michael Hugh Carlin

    Contributor Level 18

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    Answered . I'm not sure what you mean when you state that your boyfriend is an "illegal." He has never been in the United States? Then he is surely not an "illegal" for US immigration purposes. After you marry in Mexico, you may begin the process to help him to apply for permanent resident (green card) status in the USA. I suggest you consult with an immigration attorney to have the best chance of success with the whole process.

    (734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of... more
  2. Alicia Marie Heflin

    Pro

    Contributor Level 13

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    Answered . I agree with my colleagues. Based on what you have stated it sounds like your boyfriend is not a U.S. citizen and does have have any immigration status in the United States, this does not make him illegal though.

    It is certainly possible to petition for him so that he can become a permanent resident. The first step, after you marry, would be to file an I-130 petition for him and once approved it would be transferred to the National Visa Center where the second step of the process is an interview at the consulate. It is advisable to have an attorney to guide you through this process so that you have the best chance of success.

    Best of luck to you and congratulations on your pending marriage!

    Answers on Avvo are general in nature and do not constitute legal advice; specific answers require knowledge of... more
  3. Karen-Lee Pollak

    Contributor Level 19

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    Answered . if your husband has never entered the United States he is not illegal and you can apply through the US consulate in Mexico once your immigration petition for alien relative is approved.

  4. C. C. Abbott

    Contributor Level 20

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    Answered . I agree with my colleagues' comments. My only addition is to not use a notario who may promise to be able to fix his papers but may only give false promsies and steal your money. Make sure you check to ensure that you use an authorized attorney or a BIA approved legal representative to assist you. Good luck.

    Legal disclaimer: The statement above is provided by CC Abbott is based on general assistance and not intended to... more
  5. Samuel Patrick Ouya Maina

    Contributor Level 19

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    Answered . If he has never entered the US he is not illegal and you can marry him and petition for him. Or, if you have seen each other in the last two years, you can petition for him as a fiancé BEFORE you marry. Under either scenario there should be no problem, provided he does not have disqualifying factors you have not mentioned.

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street,... more
  6. J Charles Ferrari

    Contributor Level 20

    3

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    Answered . The facts you provide do not make sense. If he is "illegal" then he is in the US. If he never entered the US, then he is not "illegal"

    You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more

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