QUESTION
How can I apply for my fiances citezenship if he enerted the us illegally?
Asked on Aug 22nd, 2011 on Immigration - California
More details to this question:
My fiance has been in the us for about ten years we have a two year old daughter together and I have four children from a previous marriage. He also has two other children in the usa. We are planning to get married soon. My question is what would be the best way to file for his papers without him having to leave the country? It would be a hardship for me to take care of all these children on my own. please help
5 ANSWERS
Criminal Law Attorney serving Las Vegas, NV
at
Reza Athari & Associates, PLLC
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We need more facts about your fiance. I suggest that you contact an immigration attorney to find out if your future husband can adjust in the US. Let me know if we can help.
Answered on Aug 24th, 2011 at 4:31 PM
He cannot apply to legalize his stay if he entered illegally unless someone else petitioned him for a green card before April 2001.
Answered on Aug 24th, 2011 at 4:12 PM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
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Because he entered illegally the case is more complicated than normal but probably doable unless he has an extensive criminal record or has been previously removed, left the country after entering illegally and returned. Lots of questions to ask you both to best position the case and determine if he can process here or will need his final interview and waiver overseas. I would suggest a paid consultation to sort it all out - any consultation fees to us would be credited toward the fees for your case. Call or email me as indicated below to pursue further.
Answered on Aug 24th, 2011 at 5:03 AM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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Unless he is 245i eligible, he cannot adjust status to green card even if he marries a US citizen. Instead, he may be eligible for cancellation of removal which requires 10 year residence in the US and good morale character and most importantly, if his removal would cause extreme and unusual hardship to you and the children. Please consult immigration attorney for advise.
Answered on Aug 23rd, 2011 at 8:00 PM
Immigration Law Attorney serving Los Angeles, CA
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GK Law Firm
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He will have to leave the U.S. no matter what if he entered illegally. You'll have to file a hardship wavier in order for him to regain lawful admittance into the U.S.
Answered on Aug 23rd, 2011 at 8:00 PM