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How can I fix my boyfriend's immigration status?

Mesa, AZ |

I will soon be marrying, but my boyfriend is an illegal, he has never entered in the United States,but we are planing to get married in Mexico. Would it be a problem to make him a resident?

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Attorney answers 6

Best Answer

I'm not sure what you mean when you state that your boyfriend is an "illegal." He has never been in the United States? Then he is surely not an "illegal" for US immigration purposes. After you marry in Mexico, you may begin the process to help him to apply for permanent resident (green card) status in the USA. I suggest you consult with an immigration attorney to have the best chance of success with the whole process.

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if your husband has never entered the United States he is not illegal and you can apply through the US consulate in Mexico once your immigration petition for alien relative is approved.


The facts you provide do not make sense. If he is "illegal" then he is in the US. If he never entered the US, then he is not "illegal"

You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through

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.


If he has never entered the US he is not illegal and you can marry him and petition for him. Or, if you have seen each other in the last two years, you can petition for him as a fiancé BEFORE you marry. Under either scenario there should be no problem, provided he does not have disqualifying factors you have not mentioned.

Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104


I agree with my colleagues. Based on what you have stated it sounds like your boyfriend is not a U.S. citizen and does have have any immigration status in the United States, this does not make him illegal though.

It is certainly possible to petition for him so that he can become a permanent resident. The first step, after you marry, would be to file an I-130 petition for him and once approved it would be transferred to the National Visa Center where the second step of the process is an interview at the consulate. It is advisable to have an attorney to guide you through this process so that you have the best chance of success.

Best of luck to you and congratulations on your pending marriage!

Answers on Avvo are general in nature and do not constitute legal advice; specific answers require knowledge of all the facts. You should consult with an attorney to review all the facts specific to your case in order to receive advice upon which you can reasonably rely.


I agree with my colleagues' comments. My only addition is to not use a notario who may promise to be able to fix his papers but may only give false promsies and steal your money. Make sure you check to ensure that you use an authorized attorney or a BIA approved legal representative to assist you. Good luck.

Legal disclaimer: The statement above is provided by CC Abbott is based on general assistance and not intended to be a legal opinion because not all the facts are provided. The person requesting information and all others reading the answer should retain an attorney who is permitted by the state bar within the jurisdiction who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by CC Abbott does not create an attorney/client relationship within any state of Federal law.