With the Supreme court's DOMA ruling your fiance is entitled to any immigration benefit a heterosexual spouse would be entitled to if you got married in a state where marriage is legal. We would have to review his entire immigration history to see if he is eligible for immigration benefits through his marriage to you and if so whether these can be obtained in this country or would require a trip home, whether a waiver is required, is he subject to a permaentn bar for any trips home after accumulating unlawful presence, etc.. I would suggest you schedule a consultation to have the case reviewed in full before deciding on a course of action.
Lynne R. Feldman, Attorney at Law
Concentrating in Immigration Law
2221 Camino Del Rio South, Suite 201
San Diego, CA 92108 | (619) 299-9600
Fax: (619) 923-3277
Former Adjunct Professor -- Immigration law
University of Illinois College of Law
I agree with my colleague that for proper evaluation of your immigration case, you should seek consultation with an immigration attorney.
Madhu Kalra Kalra Law Firm 23720 Arlington Avenue, Ste 5 Torrance, Ca 90501 (310) 325-9012 http://www.thekalrafirm.com
Congrats on your new rights in our country. There are many potential options to make your future husband legal. There are different options based on his immigration history. Speak with a licensed immigration attorney to determine what will work best.
LORIC, Immigration Solutions
Rodrigo Ivan Canido
3333 Bowers Ave, Suite 130
Santa Clara, CA 95054
The response given is general in nature and does not create an attorney / client relationship. The answer given may also not account for other facts unknown to the attorney. For a more detailed evaluation you should consult with a licensed immigration attorney.
The first step is to get married in a state that recognizes same sex marriage. I believe NY may be one of them. Then his immigration status would need to he reviewed. For example, if he entered the US after 4/30/2001 without inspection, he would not be able to adjust without leaving the US, which would then trigger a 10 year bar. There may be a waiver, however. You need to review your case with an immigration attorney.
973-984-0800. Please be advised my answers to questions does not constitute legal advice and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.
That will be a complicated, though possible case. You need to work with an immigration lawyer experienced in waivers and difficult marriage based cases. If this is what you want, do not be dissuaded, but understand it is a difficult process and starting it out correctly is essential.