QUESTION
If I marry my fiance who entered illegally, can I sponsor him?
Asked on Oct 30th, 2012 on Immigration - Texas
More details to this question:
I am a natural born US Citizen, my fiance enter illegally here from Mexico back in 1992/1993, his brother who is a naturalized US Citizen submitted an application for him to fix his papers about 3 years ago. He received a form that his application was received and in process. If we marry, can I sponsor him? How long does it take? He has no criminal record, files his taxes, and has held a job since entry. Will they send him back to Mexico to wait? Please help :(
11 ANSWERS
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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If you marry your fiance and file an immigrant petition for him, it will not give him a legal status in the U.S. Nevertheless, I would recommend to file the petition. First, sooner or later, the law can change. If it happens, the chances are that spouses of U.S. citizens would be given some form of legalization. Second, if your fiance will get arrested by the Homeland Security, being married to you and having an approved immigrant petition (in addition to living in the U.S. for over 10 years without any criminal record) will enable him to ask the Immigration Court for cancellation of removal (in other words, for a green card). Even though the result will depend on many factors and is hard to predict now, at least, he will have a chance.
Answered on Nov 06th, 2012 at 8:05 PM
Immigration Law Attorney serving New York, NY
Partner at
Oltarsh & Associates, P.C.
You can petition for him but under the current law your fianc? cannot regularize in the United States and must obtain the immigrant visa in his home country. That departure appears like it will trigger a ten-year bar. The Obama administration has streamlined procedures for waivers to reduce the uncertainty and the time outside the country. This is a complicated procedure and there are significant legal issues therefore I strongly suggest you retain a competent lawyer. We handle handle many waivers with Consular processing with successful results.
Answered on Nov 02nd, 2012 at 12:53 AM
Assault Attorney serving Richardson, TX
2 Awards
You do have the illegal presence issue to deal with.
Answered on Nov 01st, 2012 at 11:58 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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If you marry him, you can petition him for permanent residency. Your petition will take priority over your fiance brother. However, he may have to go through consular processing back in Mexico. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case, advise you of your options and make sure that the necessary paperwork and documentation is presented so as not to delay the process.
Answered on Nov 01st, 2012 at 11:36 PM
You can petition your husband, but he will have to return to Mexico to process unless an approvable application was filed for him or his parents by April 30, 2001, among other requirements. Upon returning to Mexico, he will be banned from lawful immigration for ten years. You can try to get a waiver for him, but must prove to the satisfaction of a consular official and the USCIS that you will suffer extreme hardship as a matter of law if you are separated from him for ten years or must live with him in Mexico for ten years. The fact that you will suffer the hardship normally experienced by those whose loved one is banned for ten years is not enough according to some of the decisions. There is new program proposed by President Obama to allow you to file the waiver for your husband and get the decision before he decides whether to leave the U.S. There may be other reasons why he cannot come back to the U.S., so I strongly recommend an appointment with a competent and experienced immigration law firm like our office.
Answered on Oct 31st, 2012 at 2:10 PM
Yes, he will have to go back to Mexico to consular process if he is not protected by a filing submitted before April 30, 2001 (245i). Once he leaves the US, however, 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 in most cases. 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 Oct 31st, 2012 at 2:09 PM
It appears that his brother's petition was filed too late for him to be grandfathered under 245(i). He, thus, will not be eligible to apply for adjustment of status and has to leave the U.S. in order to apply for an immigrant visa. He might become barred from returning for 10 years if he leaves the U.S. and will need a hardship waiver in order to be granted a visa. You should consult with an attorney for an assessment of the case.
Answered on Oct 31st, 2012 at 2:09 PM
Better consult with a good immigration attorney since he is here illegally.? He is incurring unlawful presence. You can marry him, but he cannot adjust status. There are some serious issues.?
Answered on Oct 31st, 2012 at 2:08 PM
3 Awards
You can certainly sponsor him. However, because he entered without inspection, he is not eligible to adjust his status in the US because he is not covered by 245(i). There are some new provisional waiver available by the end of year which could help your husband. You can consult a lawyer on your case.
Answered on Oct 31st, 2012 at 2:08 PM
You can sponsor him as well, by filing an I-130 after you get married if you are a US Citizen. If your fiancee has been here without status since 1993 (or over 1 year) he is subject to the 10 year bar, so he will also need to apply for a 601 waiver and prove eligibility under this waiver. This process will be much quicker than waiting for his immigrant visa to come up under his brother's sponsorship. For more information please feel free to contact me or another immigration attorney of your choice to set up a phone consultation.
Answered on Oct 31st, 2012 at 2:07 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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Yes. You can sponsor for him, however he will have to leave the US to appear for his immigrant visa interview at the US consulate in Mexico because he entered illegally. The process is complicated because he appears to be subject to the 10-year bar since he has accumulated more than 1-year of unlawful status in the US. However, he is eligible to file a waiver for the 10-year bar based on his marriage to you. Have you started the process yet?
Answered on Oct 31st, 2012 at 2:06 PM