QUESTION

Can my boyfriend get his residency if I request after marriage?

Asked on Dec 01st, 2011 on Immigration - Minnesota
More details to this question:
My boyfriend had tps and it was not renewed. He was in court on a domestic case and ICE arrested him. If he gets deported to El Salvador and I go marry him there, can he get his residency if I request it?
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4 ANSWERS

Criminal Law Attorney serving Newport Beach, CA at Right Choice Law
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It is not that simple. If he has a domestic violence felony conviction then he cannot adjust status even if you marry him; however if it is a misdemeanor then he may qualify under petty offense exception but burden is him to show that he is not a violent person, and overall, person of good character. If you marry him, both of you should genuinely want to be married to each other which generally requires living together day-to-day, paying joint tax returns, paying joint expenses, having joint bank accounts, and will be questioned w/tough questions on whether it is a bona-fide marriage. I strongly recommend that you consult with immigration attorney because of his conviction, and other prior immigration history.
Answered on Dec 07th, 2011 at 9:40 AM

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Immigration and Naturalization Attorney serving San Diego, CA
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We would need to review his criminal record and deportation order to properly advise you. If you are a U.S. citizen and married and these documents do not make him inadmissible or are a grounds of inadmissibility which can be waived.
Answered on Dec 05th, 2011 at 8:32 AM

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Criminal Defense Attorney serving New York, NY at Law Offices of Nicklaus Misiti, PLLC
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He's going to have a number of potential issues. Generally if an individual does qualify for a legal status, it is best to apply before they are deported.
Answered on Dec 03rd, 2011 at 1:36 AM

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Immigration Law Attorney serving Outing, MN at Capriotti.Com International Law
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That is a tough one. If he was convicted of domestic violence, he may not have much of a chance. He would benefit greatly by talking to an immigration attorney.
Answered on Dec 03rd, 2011 at 1:24 AM

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