Meet with an attorney. He may be eligible for the upcoming provisional waiver.
Samuel Ouya Maina, Esq. 415.391.6612 email@example.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104
A good attorney might help you guys. Good luck!
Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova , New York Immigration Attorney http://www.shautsova.com Blog: http://www.russianspeakinglawyerny.com
Whether he is eligible or not depends on exactly how he entered. And there may be waivers available to him. You should consult and immigration attorney near you and be completely honest about the circumstances under which your fiance entered the US.
Once you and your fiance are married he may be able to adjust status (become legal) from within the United States (that is without going back to India). Whether or not he qualifies for this depends on whether he entered the country legally or if he can qualify for a waiver. It will be *necessary* for the two of you to consult with a qualified immigration attorney who can review the details of your situation. I highly encourage you to speak with an attorney as soon as possible.
There may be a way for him to pursue lawful status without having to leave the U.S. but you will need an attorney to carefully review his immigration history.
The answer above is only general in nature and cannot be construed as legal advice, given that not enough facts are known and detailed research has not been undertaken. 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 require an investigation into all 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. Use these answers at your own risk.
Much will depend on your status. Are you a US citizen or a Lawful Permanent Resident?
This answer is not to be construed as legal advice. For a free telephone consultation, contact us now at: firstname.lastname@example.org (512) 215-5235 Austin, (214) 377-4822 Dallas, (713) 242-1783 Houston, (210) 957-8845 San Antonio Please dial extension 500