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I want to marry an illegal he is th father of my child will he be departed even if we dont file for residency?

Oxnard, CA |

he has been here since a young child we have lived together for a little over 2 years

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Attorney answers 4

Best Answer

If he is under 30 ... there is a possibility of him getting papers from Obama's new program.

Meet with an immigration attorney as soon as possible.

Franco Capriotti - Senior Legal Counsel & Former Professor of Immigration Law - Capriotti International Law -

Our services are not limited by State, nor International bounderies. Our licenses allow us to represent people worldwide.
Do not rely completely on information you get on any website. It is always wise to consult personally with an immigration attorney before taking action.

Consider contacting one of the attorneys on Avvo, or - If you are low income go here: or

Capriotti International Law

FORMER IMMIGRATION LAW PROFESSOR -- LEGAL DISCLAIMER: This answer is offered for informational purposes only. It does not constitute an attorney-client relationship.


Congratulations on your upcoming marriage. Given the facts, here I would listen to learned counsel and consult with an immigration law lawyer as to the best way to proceed.


Hello. The father of your child may be qualified for the new Obama policy called deferred action. President Obama's deferred action policy is a form of prosecutorial discretion that allows an individual to remain temporarily in the United States and apply for work authorization. It does not confer any kind of permanent residence, nor is it an amnesty. Under this program, deferred action would be granted for two year increments and would be renewable.

In order to qualify for deferred action, your fiance will need to show the following:

1. That he entered the United States under the age of sixteen;

2. That he has continuously resided in the United States for at least five years preceding June 15, 2012 and are present in the United States on June 15, 2012;

3. That he is currently in school, have graduated from high school, have obtained a general education development certificate, or are honorably discharged veterans of the Coast Guard or Armed Forces of the United States;

4, That he has not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety;


5. he is not above the age of thirty.

I would contact an immigration attorney to discuss your fiance's qualifications.

Good luck.

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Debbi Lee Klopman

Debbi Lee Klopman


This is an excellent and comprehensive response


You should consult with an immigration attorney and provide more facts than you did here. Deportation is not automatic. You appear to have options available to you.

The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.