QUESTION
If I marry my boyfriend at 18 is there a specific age I have to be to try and fix his citizenship papers?
Asked on Aug 17th, 2012 on Immigration - California
More details to this question:
We have been together for about 2 years now. He went to school here but he has had trouble with the police in the past. He’s currently in the process of getting his GED. We plan on getting married, and I would like to make him a citizen to make his life easier and so we can travel. What are the possibilities?
7 ANSWERS
Immigration Law Attorney serving Long Beach, CA
at
Law Offices of Brian D. Lerner
Update Your Profile
How old was he when he got in trouble? What was his conviction? How did he enter the U.S.?
Answered on Jul 11th, 2013 at 12:25 AM
If he entered the US unlawfully and is over the age of 18, even if you get married, he will not be able to legalize his status within the US. He would have to go back to his home country and once he departs the US, he will trigger an automatic 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 Aug 30th, 2012 at 9:37 AM
Although you did not provide these details, I presume that you are a U.S. Citizen and that your boyfriend entered the U.S. lawfully and with inspection, but then overstayed his visa. Generally, a couple can marry at any age that is lawful in the jurisdiction (such as the State of Georgia) in which they live, and the USCIS will recognize the validity of that marriage. Upon marriage to a U.S. citizen, the couple can petition for the foreign national spouse to become a Lawful Permanent Resident (to get a "Green Card"). After the foreign national spouse has been a Permanent Resident for three years, he may file an application to become a naturalized U.S. citizen. If the foreign national spouse did not enter the U.S. lawfully and with inspection, then many other details will need to be examined to determine eligibility - in addition to the other issues that relate to anyone who wishes to apply to adjust status to become a Permanent Resident. There is no substitute for engaging an attorney to carefully review all the relevant facts and circumstances in order to be able to provide advice about eligibilities, options and strategies.
Answered on Aug 22nd, 2012 at 12:31 PM
Rebecca T White
Assuming you are a US citizen, his options after marriage will depend upon when and how he entered the US, and the past issues with the police.
Answered on Aug 22nd, 2012 at 12:31 PM
These are questions that are very difficult to answer by a quick assessment of the few facts you provide below. You and your boyfriend should consult with an immigration lawyer to determine the legal avenues and hurdles available to your boyfriend if you chose to get married or you decide a different legal route. But, to answer initial question, if you marry your boyfriend and you are a United States citizen or a lawful permanent resident, you can file a family petition to immigrant him but that doesn't necessarily solve the legal issues he may face. There are other factors to consider like, how did he enter the U.S., does he have a criminal background. If he is in the process of getting his GED and he was under 31 on June 15, 2012, he may be eligible for Consideration of Deferred Action. There are too many matters that need further exploration. You and your boyfriend really need to speak with an experienced lawyer in immigration law.
Answered on Aug 22nd, 2012 at 12:30 PM
Immigration Attorney serving Arlington, TX
at
Law Office of Pho Ethan Tran, PLLC
Update Your Profile
Did your boyfriend enter the US legally? When and what kind of trouble did he get into with the police?
Answered on Aug 22nd, 2012 at 12:30 PM
You need to be at least 18 years of age to sponsor a spouse as a US Citizen. Your boyfriend's previous criminal issues and lack of status in the US since turning 18 will have an affect on the entire process.
Answered on Aug 22nd, 2012 at 12:29 PM