Having a lawyer always makes things quicker.
Him going to Jamaica will probably be the faster option.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
His two felonies would only bar him from petitioning for you if they are specified offenses against a minor as enumerated in the Adam Walsh Act. If they were robbery convictions, then the AWA is probably not implicated, and he would be free to petition for you.
If he is a US Citizen, his felonies (unless enumerated under the Walsh Act) would not disqualify him to petition for you. If he comes to Jamaica to marry you, you will need to consular process. the other option is for him to apply for you for a fiance visa. I highly suggest that you retain an immigration attorney to help you with this and to answer any and all questions you may have. Good Luck.
The answers offered here are purely informational and do not create an attorney-client relationship. For more detailed information or to schedule a consultation please contact our office at (718) 924-2896.
Quicker to get married? Quicker to move to the U.S.? How will you get to the US to get married?
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
You should have a highly qualified international immigration lawyer. The crimes will not disqualify him because he is a citizen unless they fall within the narrow exceptions of the Walsh Act and it looks like they do not because they seem to be petty robbery charges as you say. If you marry in NY, he can petition for you via I-130 and I-485 but if you are here illegally (entered without inspection) then you cannot waive your unlawful presence here. Are you here on F1 as a student? If you go to Jamaica, then he can apply for K1 visa to bring you here as a fiance and marry you here within 90 days or you could process at the consulate for K1 or other visa then petition for green card when back in the US.
Hire a lawyer to protect your legal rights today!
Jeffrey J. Estrella, Esq.
Licensed Attorney and Counsellor At Law/Abogado y Licensiado
Licensed in New York, New Jersey, and Connecticut
The Estrella Law Firm, P.C.
75-20 Astoria Boulevard, Suite 170
Inside The Bulova Corporate Center
Jackson Heights, NY 11370
T. (347) 628-2391
F. (718) 672-4728
The answers posted herein are not legal advice and no attorney-client relationship exists. Call for a free 20 minute consultation! THE ESTRELLA LAW FIRM, P.C. “LEGAL REPRESENTATION AND CONSULTING SERVICES THAT GO THE EXTRA MILE” -- Jeffrey J. Estrella, Esq. Licensed Attorney and Counsellor At Law/Abogado y Licensiado Licensed in New York, New Jersey, and Connecticut The Estrella Law Firm, P.C. 75-20 Astoria Boulevard, Suite 170 Inside The Bulova Corporate Center Jackson Heights, NY 11370 T. (347) 628-2391 F. (718) 672-4728 E. Estrella.Jeffrey@gmail.com www.EstrellaLawyer.com