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My boyfriend came to the us with his visa laser 6 years ago and has been in Mexico for two months.

Rio Rancho, NM |

We have a daughter that is 14 months old and was born in the U.S. We want to marry so i can make him a citizen. Although I'm a full time student and mom and I do not work. Now that the immigration reform is coming is their any way that I can make this easier? He has a license here and a middle school diploma and a GED.

Attorney Answers 3

Posted

It's hard to say at this point what the details of immigration reform will be, assuming it does get passed. If you get married to your boyfriend, you can petition for him to get his green card. Since you're not working, you'll need to find a joint sponsor to help you meet the income requirements.

Do I understand your question right that your boyfriend has already gone back to Mexico? If so, he probably already triggered the 10-year bar -- the punishment of 10 years outside the U.S. for having been here more than one year without a status. Because of that, he will also have to file a waiver and prove that you will suffer extreme and unusual hardship without him here. Talk to a lawyer before starting anything, so that they may review the details of your situation in better detail and give you a better idea of your options.

The information offered is general in nature and not meant to be relied upon as legal advice. No client-attorney relationship is created through this information. Please consult an attorney prior to making legal decisions.

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Posted

Yes he has been in Mexico for two months. My father is disemployed so I don't think he can sponsor me although he is my only option. He gets food stamps . When I read the requirements for the income it said that he can't have government support. Is that correct?

Laura Justine Jacobson

Laura Justine Jacobson

Posted

Do you have any other friends or family who would be willing to be a joint sponsor? They do not have to be related to you or him, but they do need to be a U.S. citizen or green card holder. Receiving government support won't disqualify a person from being a sponsor, but they can't include that money in their income to get over the level. Finding a joint sponsor can be one of the more difficult parts of this process, but you won't be able to complete the process without one.

Posted

I agree with Attorney Jacobsen. You really should consult with an experienced immigration attorney in your area to be able to plan for success.

(734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of Michael Carlin PLLC or any individual member of the office. Confidential information should not be sent through this form.

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Posted

You can marry him. I would not wait for immigration reform. There is not a bill proposed but instead just a framework. You can get our I-130 filed and approved and if he qualifies you can access the new I-601A provisional unlawful presence waiver process. Depending on how old he is and when he entered, he may also be eligible for Deferred Action for Childhood Arrivals.

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