QUESTION
My boyfriend came to US illegally. If we get married, can he become a US citizen?
Asked on Mar 04th, 2013 on Immigration - New Jersey
More details to this question:
I have been with my boyfriend for about 5 years. I am pregnant right now and we want to get married before the baby is born. The only problem is that, I fear for me staying alone with a baby in this hard world. He pays bills and rent. If we get married, can he become a citizen? He has never been in any type of trouble with the law other than coming here illegally.
5 ANSWERS
Immigration Law Attorney serving Staten Island, NY
at
Law Office of Jeffrey Lisnow
Update Your Profile
There are many factors that need to be reviewed to determine whether or not anything can be done to help him. You would be best served by investing in a detailed consultation with an experienced Immigration Attorney. Immigration is Federal law so any qualified attorney can help and many, including myself, will even do telephone consultations. Good luck.
Answered on Mar 06th, 2013 at 8:10 PM
If he entered the US unlawfully, under the current immigration laws he will not be able to adjust status to permanent residence within the US but will have to go back to his home country. However, as soon as 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. 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 Mar 05th, 2013 at 2:34 PM
Immigration Attorney serving Las Vegas, NV
at
Law Office of Arsen V. Baziyants
Update Your Profile
Seems like the only way he can get his papers is by applying for a visa in his home country. This process would require him to also apply for a waiver of inadmissibility.
Answered on Mar 05th, 2013 at 2:33 PM
Rebecca T White
You and your boyfriend need to set a consultation together with an immigration attorney. The exact details of his entry into the US will be very important in determining what options he will have.
Answered on Mar 05th, 2013 at 2:33 PM
3 Awards
If you get married and file for him you may be able to have him apply for a Provisional Waiver under the new Provisional Waiver rules that went into effect on March 4th 2013. The determination as to whether or not your boyfriend (soon to be husband) will qualify for a Provisional Waiver depends upon a variety of factors. You will want to consult with a competent immigration lawyer who is familiar with the Provisional Waiver process.
Answered on Mar 05th, 2013 at 2:32 PM