QUESTION
I am a US citizen living in Mexico, my boyfriend lives in the US & entered the country legally. Can we marry in Mexico and petition for his residency?
Asked on Jan 03rd, 2018 on Immigration - Texas
More details to this question:
I am a US citizen and live in Mexico. My boyfriend lives in the US but does not have papers. He did however, enter the country legally. If we were to get married in Mexico, would he be able to return to the US if I file a petition for his residency? I have heard around that if he leaves the country, he might not be able to come back.
1 ANSWER
Yes if your boyfriend exits the USA he then will become subject to either a 3 or 10 year bar depending upon how much unlawful presence he has accumulated. To get around that he would have to file a waiver and proof of extreme hardship would need to be shown. Your best and safest bet is to relocate to the USA and process his paperwork here. My advice is to retain counsel to pursue the safest strategy for success. Every case is unique and every case must be delicately handled to assure the best chance of success.
Answered on Jan 03rd, 2018 at 7:48 PM