QUESTION
How can my boyfriend get papers without going back to Mexico?
Asked on Jan 26th, 2013 on Immigration - New York
More details to this question:
My boyfriend has been in the United States since he was about 7 years old and has never been back to Mexico. He is now 25, we've been together for 6 years and have a 1 year old son together as well as he's been a father to my 7 year old daughter. What I want to know is how can we get his papers without him having to go back to Mexico is he the sole provider for the family.
4 ANSWERS
He cannot legalize his status in the US under the current immigration laws. However, he may be eligible for employment authorization under DACA. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
Answered on Feb 07th, 2013 at 3:33 PM
Immigration Law Attorney serving New York, NY
Partner at
Oltarsh & Associates, P.C.
If you are not sure how he entered, he cannot adjust his status in the US, unless is filed or is the beneficiary of a petition filed prior to April, 2001. He may be eligible fro deferred removal under Obama;s new policy and that would permit him to obtain a work permit for two years. He would have had to graduate High school, and not have committed any serious crimes.
Answered on Jan 29th, 2013 at 5:31 AM
2 Awards
How did your husband enter the USA? If he entered without inspection (EWI) then he would likely have to go back. However, he can apply for a waiver, and have the waiver in hand when he goes to Juarez for his appointment. If he entered with permission, then you can likely do a change of status without having to go back.
Answered on Jan 29th, 2013 at 5:30 AM
Criminal Defense Attorney serving New York, NY
at
Law Offices of Nicklaus Misiti, PLLC
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He probably qualifies for deferred action and/or the new provisional I-601-A waiver. To obtain either of these, you will need to retain an immigration attorney.
Answered on Jan 29th, 2013 at 12:47 AM