i am a US citizen born in New York , my fiancee is from Mexico & he works here illegal at the same place for 5 years , he has no criminal record except for 2 or 3 traffic tickets & he does his taxes with his TIN every year .
if your fiancée entered United States without inspection, he is in eligible to obtain permanent resident status in United States. There are 2 new possibilities that may apply to his situation. One is deferred action for childhood arrivals and the 2nd is a new provisional waiver process. For the deferred action for childhood arrivals he would need to have come to United States before the age of 16. For the new provisional waiver process, he would need to have an immediate relative that is a United States citizen spouse, parent or child back to petition for him. There are many other criteria for both of these possibilities, and you should speak with an immigration attorney to determine if he may be eligible for either of these 2 processes or if he has some other opportunity.
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Step 1: get married.
Step 2: retain an experienced immigration attorney to figure out what needs to be done and to get it done.
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.
depends on how he entered the country. if he came with a visa, he can adjust in the US. if he came without a visa/without being inspected, then it is a different story and you should consult with an experienced attorney for options
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