My boyfriend is being detained by immigration. He is illegal and I'm a us citizaen. We have a 4 month old baby and want to get married. What can we do to keep him from being deported? He was entered into the US when he was a child and has lived here ever since. His mother is the principal beneficiary of an I-130 filed by her brother in the year 1996 and the priority of the petition became current September 2011. Can this help him stay in the US or getting married to him will he is being detained?
You need to meet with an immigration lawyer to see what can be done to help the father of your child. See the link to the American Immigration Lawyers Association below. He may be a good candidate for the exercise of prosecutorial discretion to prevent his deportation. If he was inspected and admitted by US Customs when his parents brought him here, a marriage to you might help him stay. If he crossed the border without inspection and admission, but is not yet 18 1/2 years old, he may be able to take voluntary departure and obtain an immigrant visa in his home country through marriage to you. If he's 21 or over, his mother's I-130 approval will not help him. There are many more issues about this case that need to be discussed with an immigration lawyer, and any reasonable consultation fee will be money well spent.
Without being married, the only thing you can do is get him an experienced immigration attorney. There are not enough facts in your posting to determine what he can immigrate based on the petition for her mother. If you were married, you could petition him, and, depending on whether he has a criminal history and what that is, that could be a defense to deportation.
Bottom line, you need to retain an experienced immigration lawyer.
I agree with the other attorneys. Things don't look good with the facts you put in your question. Go visit an immigration attorney.
Franco Capriotti - Senior Legal Counsel - Capriotti International Law
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