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My boyfriend is illegal and has a DUI. I want to marry him. How can I do that without risk of deportation?

Kissimmee, FL |

He came into the states about 7 years ago. He received a DUI but never finished his probation. How can i marry him without the risk of him being deported? Can he still apply for citizenship? What are the steps I need to take to live without worry?

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Attorney answers 6


Your BF needs to consult with both a criminal defense lawyer to take care of his DUI, if did not comply with the terms of his probation, and most importantly both of you need to consult with an experienced immigration lawyer to examine BF's immigration history and explain the process of legalizing him. It is not going to be easy or "cheap", and you certainly cannot obtain the answers and legal help you need in a free general forum such as this.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.



Will we be able to get married without him being deported?

Giacomo Jacques Behar

Giacomo Jacques Behar


Yes, don't worry. Getting marred does not lead to one being deported. The marriage office will not pick up the phone and ask ICE to come and pick up BF... He better have valid id, however, such a a valid national passport. If BF Mexican, a "matricula" issued by his consulate will not do and will only serve to raise unnecessary eyebrows. With a valid national passport it will not occur to anyone to ask for proof of his legal status. In any event, suffice it to know that legal status (or lack thereof) is irrelevant for marriage purposes. They cannot refuse to marry him because of that. Please don't forget to designate a "Best Answer" to your question.


You two need to talk to an immigration lawyer.

Too expensive, not necessarily ...

NOTE: If you are low income go here: or

PROFESSOR OF IMMIGRATION LAW for over 10 years -- -- -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


Time to call an attorney to assist you with sorting this out. Depending on the facts it is possible that your bf may be able to get his residency through you. But many key facts are not in your email...

This is not legal advise and should not be construed as such by anyone.


ThemDUI is something to keep in mind, but it is not the most important thing. How did he enter the country? Did he come in legally? To become a resident a person must have come in legally (in most cases). If he did and he has no other criminal record I would contact an attorney to help you with your process.

This is not legal advice and a client attorney relationship is not created. You should not rely solely on the information provided in this page as every case is different and laws are in a constant state of change.


You should consult with an immigration attorney. It may be possible to obtain resident status but a lot more information is needed and there are numerous issues that need to be resolved. The immigration worry will not go away until the process is completed.


He probably became deportable when he was adjudicated on the DUI and is more so now that he has a new charge for Vop and outstanding warrant. I agree with my colleagues, call an immigration and criminal defense lawyer. How much probation did he complete before being violated? How did he violate?

You can get a free consultation by calling 407-617-1064. Please understand that the information given is not to be construed as legal advice. More information would be needed in order to make a more accurate legal determination on your matter. Furthermore, an attorney-client relationship does not begin until a retainer agreement has been signed by the attorney and client.

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