QUESTION
My boyfriend is in the states illegally, is there any hope for his status change and is marriage a good solution?
Asked on Apr 29th, 2012 on Immigration - New York
More details to this question:
My boyfriend is in the states illegally. He came here when he was 17. We want to marry but are unsure if it is a good idea based on his status and the fact that I am a law student. Is there any hope for his status change and is marriage a good solution? What do you suggest?
10 ANSWERS
Immigration Law Attorney serving Long Beach, CA
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Law Offices of Brian D. Lerner
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I need to know how he entered the US and whether any petition will previously filed for him.
Answered on Jul 02nd, 2013 at 12:05 AM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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Did your boyfriend have a visa when he entered the US?
Answered on Jul 02nd, 2013 at 12:05 AM
U.S. Immigration and Nationality Law Attorney serving San Diego, CA
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Kazmi & Sakata
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Unfortunately, there is no easy way to correct your status. If you were brought here illegally, you cannot obtain any status (unless the laws change). There is an existing exception that permits the filing of a penalty ($1,000), if you have had a previous family or employment based case filed by 04/30/2001. Has anyone in your family filed such a case? Otherwise, you must go through a consulate process and be subject to a 10 year bar.
Answered on May 23rd, 2012 at 11:32 AM
Assault Attorney serving Richardson, TX
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The Obama administration has proposed a change in the way this type of case will be handled. There may be a good solution coming. Watch the news for timing.
Answered on May 22nd, 2012 at 6:50 PM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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If he entered the US illegally after December?21, 2000, he cannot adjust status to green card in the US even if he marries you. He will have to leave the US.
Answered on May 21st, 2012 at 4:19 PM
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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If he entered lawfully or was the beneficiary of a labor or family petition, he might not have to leave the country. Otherwise, he will have to leave the U.S. and apply for a waiver. This is possible but you should make an appointment to discuss the details.
Answered on May 21st, 2012 at 12:26 PM
Rebecca T White
You will want to set a time when you can both speak with an immigration attorney together. You don't give enough information to give a quick answer, but you will have some options depending upon more specific facts.
Answered on May 21st, 2012 at 11:58 AM
Business Law Attorney serving Atlanta, GA
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Elkhalil Law, P.C.
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If your relationship is in good faith and you are planning to spend your lives together, marriage can help. Your boyfriend illegal status is not clear. Did he enter the country without inspection, crossed the border, or he entered with a visa and overstayed his visa?
Answered on May 21st, 2012 at 11:58 AM
If he entered the US unlawfully, under the current immigration laws, he will not be able to legalize his status within the US, even if you marry. He will need to go back to his home country for consular processing but 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. Marriage by itself is not an issue but it will not confer any immigration benefits within the US.
Answered on May 21st, 2012 at 11:54 AM
Criminal Defense Attorney serving New York, NY
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Law Offices of Nicklaus Misiti, PLLC
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You can marry but whether he will ever be able to attain a lawful status depends upon a number of factors. He can leave the country and apply for a waiver or there is a proposed change in the law that would allow him to apply for the waiver from within the US.
Answered on May 19th, 2012 at 1:36 AM