If I marry my boyfriend who has a immigration hold, can I petition him 2 stay here?

Asked over 4 years ago - San Jose, CA

my fiance and I were about to get married before they locked him up. now he is county jail with an immigration hold waiting to see if they can give him a bail. What happens if I marry him does he stand a chance to stay here. since I am a US citizen

Attorney answers (1)

  1. Brian Daniel Geno

    Contributor Level 14

    Answered . For a person to get an immigration bond, he will need to be done with any state proceedings against him (ie. a criminal charge). That may not be the case here but if so, that is why it takes a while to get an immigration bond. Once done with that, your fiance is entitled to move (file a motion) in the immigration court for a bond. As far as I know, the law says they are obliged to give a hearing within 48 hours but I have never had that happen. Its always slower. For that, you should have a lawyer.

    To actually get a bond however, your fiance needs to be eligible for some form of relief. I could not tell you, based on the limited information you provided, which form would work, if any. A family petition is the one you suggested and there are a few rules about it so you should use a lawyer. I have done this successfully before in a case which sounds exactly like yours, and the couple are now legal and living happily in Virginia where I practice. Good luck with this.

    [Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

    Brian Geno
    Geno Law Firm
    Red Maple Court Office Condominiums
    10617 Jones Street, Suite 201-B
    Fairfax, VA 22030
    703-691-GENO (4366) Office
    703-691-4774 Fax
    info@BrianGeno.com Email www.NovaAttorney.com Web

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

27,703 answers this week

3,037 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

27,703 answers this week

3,037 attorneys answering