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Immigration adjustment procedures for immigrant who came to the U.S. as a child

My boyfriend and I have been together for two years, he is an immigrant from mexico, he was brought to the united states when he was 8 years old by his parents. He has never commited a crime, his record is clean, he is currently attending school and we would like to get married. I was born in AZ, would the process of making him a resident be tough or what would we have to do?

Additional information
I am 19 years old and he is 20. We are both in College.
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Attorney answers (4)

Reputation Level 12
One major issue in this case will be whether your boyfriend was lawfully admitted into the U.S. or not. Whether he came into the country on a visa and has overstayed the visa, or whether he entered without inspection will make a difference whether he is able to apply as an immediate relative to get his green card. Additionally, whether any other type of immigration petition was filed for your boyfriend is also important. One of the major concerns is that your boyfriend has been accruing unlawful presence in the U.S. since his 18th birthday. Once a person has accrued more than 1 year of unlawful presence in the U.S., they are then subject to a 10 year bar to re-entry into the U.S. if they were to leave the U.S. and attempt to enter again. Accordingly, the challenge in this case is to have him apply for his green card while still in the U.S. Whether this is possible will depend on more specific facts.

If you seek advice on your case it would be a good idea to discuss your case with an immigration attorney. One thing to keep in mind is that you want to avoid committing any sort of immigration fraud against USCIS as this could ruin your boyfriends chances of any future legal means to reside in the U.S.

Note that as immigration law is federal law, any immigration attorney in any state in the U.S. can assist you with this matter.
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Reputation Level 12
You face being informed that he will need to Consular Process in Mexico. Upon return there, a 10 year bar to re-entry (based on overstay and/or unlawful presence after age 18 for over one year in the U.S.) could be awaiting you. There is a waiver for a spouse of a USC (United States Citizen) based on extreme hardship to the USC.
Due to this, you should document his entry (visa, EWI [entry without inspection]), time in US after age 18 (minor's time tolled), and such matters as: no criminal record? no public benefits? deported? Claimed to be US especially on I-9 form? married before? As much fact gathering as you can do will help before you proceed.

You should NOT JUST MARRY and FILE. It would be prudent FIRST to discuss the facts of your case with an immigration attorney, and yes, it is a federal area of practice, so an attorney may be licensed and practicing in other than the state you live in (However, when there are family law and criminal matters) that intersect with state laws-- that can be a factor in coordinating with the other lawyers on the case. You should be aware that you could face Consular Processing and being apart for approximately one year, and a waiver that may or may not be approved. You may not want to marry and file until a given time when you would be ready to face the process and best and worst case scenarios. You can't just adjust status in the US unless the USC marries an alien who is eligible to be married under the law(s), and entered pursuant to a valid visa-- and did not violate various immigration laws-- including entering with a visa other than K when intending to enter to marry and immigrate.
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Hamid Jabbar
Hamid Jabbar, licensed in Arizona and California

Reputation Level 13
When you will get married you husband would be able to get the green card thought you by filling an adjustment of status application you can go to www.uscis.gov and read the procedure for adjustment of status
usually it take 9 month to get the green card. First he will get the temporary green card for 2 years and then 90 days prior to expiration u have to file for permanent
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Reputation Level 13
Given your age, you also need to be thoughtful of the Affidavit of Support.
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Other answers (1)

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bj_osterhout

I hope you haven't let their answers scare you from filing..! I did this for my husband last year. I was 21 and my husband was 23. I did make enough to sponsor him but there are ways around this such as a co-sponsor and/or using assets if you do not make enough money ( I believe it is around 16k-18k a year BEFORE taxes but you should check by googling for the 2009-2010 USCIS poverty guidelines )

It took us 9 months from filing the I-130 until he crossed at the border with his new visa. He also entered as a minor when he was only 2 years old. I did the whole process myself but if you aren't the type that is a perfectionist and is good at writing papers in High School for example, it might be better to hire a lawyer. BUT you have to be careful with this process and hire someone who specializes. I recommend Laurel Scott she is the best. Ana Schwartz as well. Expect to pay at least 5,000 for a reputable lawyer. But if you are articulate and organized and the thought of putting together a 10 page letter with 100 pages of evidence sounds like something you can do it can definitely be done by yourself as I did.

Also you can do this process before marrying as well and marry after he comes back home. This would be done by filing the I-129f fiance petition instead of the I-130.

Join the forum at www.immigrate2us.net we are all a bunch of wives mostly whose husbands went through Mexico and did the I-601 waiver. Your case sounds simple but you should post to make sure.

E-mail me with any questions. bj_osterhout@yahoo.com :)
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