My boyfriend and i have been living together for 2 years now and we have a daughter together. Im 19 years old and he is 20 years old. He came into the U.S. illegaly when he was 16 years of age. Im planning to get married with him and was wondering if i can fix him papers? He's the only one working at this time and thats the only income we receive. I cant afford for him to go to mexico. Will he have to go to mexico if i fix him papers?
Most likely. If he came into the country illegally, he needed to take action before his 18th birthday. He is now subject to deportation and will need to obtain a waiver in order to get back into the country legally -- getting married will not help at this point. Please consult with a local immigration attorney as to the process.
As with most things in immigration law, it depends. The GENERAL RULE is that if he came in illegally, under current law, he will have to go to Mexico to get his Green card thru marriage to you and will incur the 10 Year Bar. A person can ask for a Waiver of the 10 Year Bar (and we have won 64 of those Waiver requests in a row now). There are 6 EXCEPTIONS to the General Rule that might allow him to adjust his status and get his Green Card in Yakima or Spokane, depending on where you reside. There is a proposal that even if he does have to go to Mexico it may be that in a few months he can submit his Waiver and have it decided while he stays in the US and he will only have to travel to Mexico for a few days. Since this process is very complicated, what's best is we should meet for a 1-hour consultation so we can discuss all the facts of your case and I can recommend what might be best for you in light of your facts. You should visit our website at www.roachlaw.com. Tom
I agree, but seeking a waiver based upon proving that you will suffer extreme hardship can be complicated. There is a newer system that may be enacted soon. It may allow you to have him file for this waiver (also referred to as a pardon), while he waits for a decision in the U.S. However, he will still have to return to Mexico to seek his visa paperwork.
There are some risks, so I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney.
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