I have a child with an illegal immigrant what can i do to help him become a legal citizen

Asked over 2 years ago - Chicago, IL

with the new law obama passed this morning.. i am wondering what procedure to take to help my fiance. he has been here since he was 9 years old and has completed up to one year of college. has no background with breaking any law and we want to get married but are afraid to do it here..

Attorney answers (6)

  1. KiKi Maria Mosley

    Pro

    Contributor Level 14

    2

    Lawyers agree

    Answered . It depends on how old your fiance is whether the new policy will apply to him. If it does, it does not grant him resident status. Consider meeting with an immigration attorney for a consultation so that they can explain the law to you and you can understand what you are up against.

    FREE CONSULTATION ON IMMIGRATION AND DEPORTATION MATTERS Contact: Law Offices of KiKi M. Mosley 208 S.... more
  2. Dhenu Mitesh Savla

    Pro

    Contributor Level 17

    2

    Lawyers agree

    Answered . It would be a mistake to assume that the new law presents the best option for you and your husband. Other options may be available that are actually better. Before getting married and planning your future, it is highly recommended that you contact an immigration attorney.

    One such option that may be available is the option of the I-601 waiver of unlawful presence, which would actually grant a Permanent Resident status (Green Card) rather than just a temporary relief from deportation and work permit. This would put one on the path to citizenship. Whether this is available or not depends on many factors.

    Dhenu Savla, Esq.
    SwagatUSA, LLC
    www.swagatusa.com

    P.S. - To read more about I-601 waivers of unlawful presence, visit www.swagatusa.com/educational-materials

  3. Stephen D. Berman

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Your fiance seems to qualify for deferred action under the new policy if he is under 30. Contact us if you want to follow up.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an... more
  4. Raheel Shahzad

    Contributor Level 2

    1

    Lawyer agrees

    Answered . Without going into all the Obama policy basics, here's the simplest solution:

    Assuming you are a permanent resident or citizen:

    Marry your fiance, file a petition, get it approved, and seek to adjust his status.

    If all is well, and he qualifies, that would be easiest.

    Naturally, many factors apply, so hire an attorney to get him a green card. But not without a marriage if you want to help him.

    Raheel Shahzad, CPA, Attorney at Law
    http://www.attorneyraheel.com

    The above is not legal advice, but information based on limited facts presented. You may or may not qualify. Seek... more
  5. J Charles Ferrari

    Contributor Level 20

    2

    Lawyers agree

    Answered . 1. Obama's action is a policy and not a law.

    2. USCIS has yet to announce how the application process will be carried on.

    3. I will be updating http://engnishimura.com/faqs/deferred-action-yo... as details become available.

    4. Obama's policy does not provide immigration status. It only prevents qualifying individuals from being deported and may provide them with a work permit.

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

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . The best approach is to schedule a consultation with an immigration attorney. There is more information needed to assess his situation. Did he have permission to enter the US? What is your status - US Citizen? How many years has he been in the US? Does he have any other immediate family members in the US that have a green card or are US citizens? Did any family members with status apply for him? Has he been in the US for more than ten years? Do you or your child have any significant health issues? All of these questions are important - the answers will help determine what the best approach is. Under no circumstances should he leave the United States without consulting an experienced immigration attorney. Any departure from the US now will trigger a ten year bar to re-entry. Such a bar may be overcome if the right circumstances exist.

    The answer provided here is general in nature and does not take into account other factors that may need to be... more

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