QUESTION
How can I help get my boyfriends his papers?
Asked on Mar 05th, 2012 on Immigration - California
More details to this question:
Well me and my boyfriend of 2 years and 3 months would like to try and get his papers. We now have a 4 month old child. He has been here since he was 13 years old. He doesn't know a lot of English but loves to try speak it. I mostly talk to him in English and he can answer me back in English. We would really like to try and get his papers no matter the cost. I am very scared that if this HB-56 passes that he'll get deported and I won't any help with my daughter. I would die if he gets deported.
5 ANSWERS
If he entered the country unlawfully and is now over the age of 18, under the current immigration laws, he is not eligible to legalize his status within the US. He would have to go back to his home country but as soon as he leaves the US he will automatically trigger a 10 year bar to reentry, which can only be waived by a showing of extreme hardship to a US citizen spouse, which is fairly difficult to do in most cases.
Answered on Mar 08th, 2012 at 9:28 PM
Immigration Law Attorney serving New York, NY
Partner at
Oltarsh & Associates, P.C.
If your boyfriend entered legally and he has proof of entry you can file for him. Otherwise if you marry, he will have to go home to obtain his residence. His departure will trigger a ground of inadmissibility for which he will require a waiver. Procedural changes may allow these waivers to be adjudicated in the US, facilitating the process and allowing for a quick trip. I would suggest hiring an attorney for such a case.
Answered on Mar 08th, 2012 at 2:57 PM
LCA Audits and Investigations Attorney serving Houston, TX
at
Fong Ilagan
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It will depend on if you marry him, his manner of entry to the US, any immigration filings for him or his parents prior to April 30, 2001, and any immigration or criminal violations. If he entered the US lawfully, and you marry, he can get his green card here in the US under section 245(a). If not, he will likely need a waiver at the US consulate when he applies for his immigrant visa. Complicated case, get an attorney.
Answered on Mar 08th, 2012 at 1:03 PM
Real Estate Attorney serving Frisco, CO
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The Law Office of Eric A. Fisher, LLC
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If you are a US citizen or a lawful permanent resident, you can file a petition for your spouse. Whether or not he could file for legal status depends upon many things, so you should consult an immigration attorney.
Answered on Mar 07th, 2012 at 5:10 PM
Immigration and Naturalization Attorney serving Santa Ana, CA
at
U.S. Immigration Law Group, LLP
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In order for you to assist your boyfriend get his papers you will need to marry. However, before doing so it will be important for you to speak to a competent immigration lawyer in order to assess his ability to legalize his status and explain any risks that may be involved.
Answered on Mar 07th, 2012 at 1:02 PM