QUESTION
Is it possible to make my fiance legal if he entered illegally into the U.S?
Asked on Apr 26th, 2011 on Immigration - California
More details to this question:
My fiance entered the U.S illegally at the age of 8. He is currently in the U.S. now. We want to get married soon. Is it possible to make him legal because of the fact that he entered illegally into the U.S? Would you recommend he leave to Mexico, and I petition as his Fiance to bring him to the U.S for marriage? Is there any way immigration would know he was here?
1 ANSWER
Immigration and Naturalization Attorney serving San Francisco, CA
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The Law Office of Christine Troy
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Some people are able to file in the US despite an illegal entry and overstay. 245i protection, crime victims are two possible options there. Others need to leave and apply via the US consulate. That will trigger a ten year bar to reentry so you then file an extreme hardship waiver to ask them to waive that bar. These are difficult but possible to obtain. Please seek an hour long consult with a competent immigration attorney to determine his rights, if he is able to file in the US and what his chance of success is if he leaves.
Answered on Apr 27th, 2011 at 12:53 PM