QUESTION

Can my boyfriend become a resident?

Asked on May 14th, 2012 on Immigration - Texas
More details to this question:
My boyfriend was stopped two years ago for DWI. He went to jail did his time signed saying he was voluntarily leaving the u.s. Now would I be able to fix him his papers so he can come back?
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5 ANSWERS

Immigration Law Attorney serving Long Beach, CA at Law Offices of Brian D. Lerner
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Are you going to marry him? Are you a U.S. Citizen?
Answered on Jul 02nd, 2013 at 12:00 AM

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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 left and stayed outside, you can marry him and petition him if you are a citizen. He will need to apply for a waiver.
Answered on May 21st, 2012 at 4:42 PM

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Thomas J. Rosser
"Boyfriends" cannot be sponsored by the USC "Girlfriend". Additionally, if you ultimately decided to marry abroad he has, in all probability, triggered the 3/10 year bars under IIRAIRA for having been in the US "without authorization" for more than 180 days/1 year after April 1, 1997 and could require an I-601 inadmissibility waiver in order to enter the US as your spouse on a subsequently processed immigrant visa petition (IV). The DUI offense may also be deemed by the Service as a CIMT (crime involving moral turpitude) and the possible basis for the denial of an IV. You should set up a consultation with an experienced immigration attorney and provide him/her with greater detail in order to understand what options you may or may not have under your specific set of facts.
Answered on May 17th, 2012 at 10:48 AM

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Business Law Attorney serving Atlanta, GA at Elkhalil Law, P.C.
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I assume your boyfriend left based on a grant of voluntary departure. Yes you can if he is outside of the United States. Your facts presents a complex issues. You need to be very careful in dealing with these issues otherwise, your boyfriend will be barred from coming back to the U.S. If you file his immediate family petition after you marry in his home country, you must file a permission to reapply, then you would have to file for a waiver for him before he is able to enter the U.S.
Answered on May 16th, 2012 at 11:45 AM

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Yes. You may petition for your boyfriend after you are married on Form I-130. It normally takes about 1 year for the paperwork to be processed before he is scheduled for his visa interview at the US consulate. Depending on how long he was in the US before he left voluntarily, he may also need to file a waiver for unlawful presence on Form I-601.
Answered on May 16th, 2012 at 11:32 AM

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