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Us Resident engaged to an Illegal Immigrant can i fix him papers to secure my child has his father by his side?

Los Angeles, CA |

Im a US Resident engaged to an Illegal Immigrant and im pregnant my Residents expires next year i want to seek advice to my situation he has been arested for driving without a lisence and was released to ICE their he signed his volintary deportation i wanted to know if we were to get married in his country while im a resident will he be able to fix papers threw me or would we have to wait till im a US citizen? And if marrige would interfear with my citizenship?

Attorney Answers 2

Posted

Do you mean you are a resident (green card holder) with an expiring green card? If you are a lawful permanent resident, you can file a petition for your spouse but he will have to wait outside the U.S. for his priority date to be reached. Please work with a lawyer so that other issues can be evaluated - any previous entries into the U.S., any other arrests, etc... It appears that he will also need a waiver. No, the marriage will not interfere with your application for naturalization (citizenship).

Madrid Crost Law Group - (888) 466-4478; e-mail: mc@madridcrost.com; skype: usvisalaw 10 S. La Salle Street, Suite 3320, Chicago, IL 60603 Please consult with a licensed immigration professional to provide you with a thorough legal advice. This response is not a substitute for specific legal advice and it should not be construed to create an attorney-client relationship. Please help stop notario fraud. Please visit and share this site: www.stopnotariofraud.org.

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Posted

No quick way. You will need to petition him. He will need to wait for 1) either you to become a US citizen or his priority date to become current, and 2) will need waivers.

You really need to retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise you, and handle the case.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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