QUESTION
How can I get my fiance his green card?
Asked on Sep 26th, 2011 on Immigration - California
More details to this question:
My fiancé has been in the U.S illegally for the past 6 years. He did not come w/a visa, he wants to go to Mexico to see his parents, he has not had any trouble with the law, what would be the best route for us to go? Get married here or in Mexico, could I request a fiancé visa for him once he goes back to Mexico?
6 ANSWERS
Immigration Law Attorney serving New York, NY
Partner at
Oltarsh & Associates, P.C.
If he remains in the U.S. because of his illegal entry he will not be able to obtain his residence. If he leaves he will be subject to a 10 year bar, which can be waived based on your hardship.
Answered on Oct 03rd, 2011 at 11:39 AM
Immigration Law Attorney serving Los Angeles, CA
at
Law Offices of Alan R. Diamante APLC
Update Your Profile
He would not be eligible for a fiance visa given his unlawful presence. If you marry him, either in the U.S. or Mexico, you can petition him for lawful permanent residency. He will have to file a waiver because he is subject to a bar to admissibility.
Answered on Sep 29th, 2011 at 12:19 PM
Criminal Law Attorney serving Las Vegas, NV
at
Reza Athari & Associates, PLLC
Update Your Profile
Since he has been in the US for more than 365 days illegally, he is subject to 10 year bar. If you get married ( I suggest in the US) we will be able to apply for a waiver for him to come back. Waivers are very complicated and you will need assistance of an immigration attorney.
Answered on Sep 29th, 2011 at 12:19 PM
One strategy is to get married in the US and then file for his consular process immigrant visa with waiver for unlawful presence.
Answered on Sep 29th, 2011 at 10:42 AM
Business Litigation Attorney serving Chicago, IL
at
Law Offices of Peter Y. Qiu
Update Your Profile
There is a possibility that he may be able to fix his status in the US.
Answered on Sep 29th, 2011 at 10:24 AM
Intellectual Property Attorney serving Menlo Park, CA
at
Sheppard Mullin
Update Your Profile
He cannot adjust status in the US as he entered the US illegally. If he returns to his home country, he is barred to come back for 10 years. He may apply for a waiver but it is hard to get the waiver.
Answered on Sep 29th, 2011 at 9:34 AM