QUESTION

Can I get my boyfriend his green card if we get married outside of the US?

Asked on Sep 11th, 2011 on Immigration - California
More details to this question:
I'm a US citizen and me and my boyfriend want to get married, but he is in Mexico and I'm here in the US. We met here in California, but two years ago he left to Mexico for family issues. He wants to come back the illegal way but I told him lets get married in Mexico. I think that is easier for us in order to get his green card, right? We have been dating for 6 years already and it is time for us to get married. When he was here in the US, he got a DUI but he paid it. He filed his taxes and he has a pin to do his taxes. I want to know if this is going to affect him. Can I petition him as my fiance too?
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8 ANSWERS

LCA Audits and Investigations Attorney serving Houston, TX at Fong Ilagan
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Yes, you can marry outside the US. He should not enter the US unlawfully as then he would not be eligible for adjustment of status and would seriously affect his immigrant visa application at the US consulate.
Answered on Oct 03rd, 2011 at 5:29 PM

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Immigration and Naturalization Attorney serving San Diego, CA
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Getting married in Mexico is fine and would be recognized for immigration purposes; alternatively you can petition for him to come as a fianc and file documents for his permanent residency in the U.S. We would need to evaluate the complete immigration and criminal history of your boyfriend to determine whether there will be any problems getting him back? Was he here in status? Did he enter illegally? Did he overstay his visa? Has he ever returned to the U.S. after accumulating out of status time and then leaving? Details of his DUI are needed. Does he have any other arrests or convictions? He will need to show that he is not dependent on alcohol. When did the DUI occur? I would suggest a consultation to go over all of these questions with him on the phone and with you either on the phone or in person. This can be arranged by calling my office and scheduling and arranging payment.
Answered on Sep 15th, 2011 at 2:11 PM

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Immigration and Naturalization Attorney serving San Francisco, CA at The Law Office of Christine Troy
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Please schedule a consult with a competent immigration attorney. This case is difficult and you need to follow exact steps so as to not place him in a worse situation than he is already in. He is currently subject to a ten year entry bar that can be overcome by demonstrating extreme hardship to you.
Answered on Sep 14th, 2011 at 1:58 PM

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Criminal Law Attorney serving Las Vegas, NV at Reza Athari & Associates, PLLC
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Since he had been in the US more than a year prior to his departure, he is subject to 10 year bar. If he did not go back and forth illegally in the past, and if you get married, we can apply for a waiver to bring him back as your husband. You will need an immigration attorney for this process.
Answered on Sep 14th, 2011 at 1:05 PM

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Business Litigation Attorney serving Chicago, IL at Law Offices of Peter Y. Qiu
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Your case presents several legal issues. You should consult a lawyer face to face to determine taking what action may be in your and his best interest.
Answered on Sep 14th, 2011 at 12:50 PM

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Immigration Law Attorney serving Atlanta, GA
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In general, if someone enters the U.S. unlawfully and without inspection, he may not adjust status in the U.S. to become a Lawful Permanent Resident (to get a "Green Card") even if he becomes married to a U.S. citizen. Additionally, if as an adult he is unlawfully present in the U.S. for a year or longer, he may become subject to a very harsh 10-year bar to re-entering the U.S. Applying for him as a fianc may be possible, and applying for him as your spouse following a marriage in Mexico may be possible, but it would be wise to engage an immigration attorney to carefully review all details and circumstances relating to immigration eligibility before making an decisions. That would include carefully reviewing the dates he already may have been unlawfully present in the U.S.
Answered on Sep 14th, 2011 at 12:27 PM

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Immigration Law Attorney serving Los Angeles, CA at Law Offices of Alan R. Diamante APLC
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If he has lived in the U.S. unlawfully over a year, he cannot get the fiance visa. He will only have chance to get residency status if he marries in Mexico and applies for a waiver. If he enters the U.S. unlawfully, he will not be eligible to adjust status.
Answered on Sep 14th, 2011 at 8:19 AM

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He may qualify for an immigrant visa or a fianc visa. However, it appears that he was previously in the U.S. and may have something in his immigration history that could make it difficult for him to return to the U.S. You should consult with an experienced immigration attorney before you take any steps.
Answered on Sep 14th, 2011 at 8:01 AM

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