My fiancé came here from India illegally when he was being hunted by his uncle at 17 and is now 20 years of age . He has never been in any sort of trouble here nor in India and he works 13 hours 7 days a week . We are planning on getting married soon and starting a family . How will we go about this process ? Will he have to enter India and stay , if so how long ? When will he be allowed to re - enter the United States , if at all ? I have seen there are new laws concerning waivers and marriage . Are these legitimate ? Thank you very much in advance .
Hire an attorney. He may qualify for adjustment if his illegal coming was with a visa or provisional waiver if not.
Meet with an attorney. He may be eligible for the upcoming provisional waiver.
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A good attorney might help you guys. Good luck!
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Whether he is eligible or not depends on exactly how he entered. And there may be waivers available to him. You should consult and immigration attorney near you and be completely honest about the circumstances under which your fiance entered the US.
Once you and your fiance are married he may be able to adjust status (become legal) from within the United States (that is without going back to India). Whether or not he qualifies for this depends on whether he entered the country legally or if he can qualify for a waiver. It will be *necessary* for the two of you to consult with a qualified immigration attorney who can review the details of your situation. I highly encourage you to speak with an attorney as soon as possible.
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There may be a way for him to pursue lawful status without having to leave the U.S. but you will need an attorney to carefully review his immigration history.
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Much will depend on your status. Are you a US citizen or a Lawful Permanent Resident?
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