QUESTION

my fiance has a case with ice for deportation were going to get married, we have a child. Can this somehow help his case? I plan to fix him papers.

Asked on May 07th, 2014 on Immigration - California
More details to this question:
In December my fiance was taken in to custody for being here illegally he was relased 2 days later but has to go check in once a month and has court 11/2015. We have been together 6 years and have a son, we plan to get married in August this year. I was also planning to fix him papers before the incident happened. Is their anything I can do to help him? Or will it affect him?
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2 ANSWERS

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
The first step of course is to marry him. If he entered the U. S. legally or has the benefit of §245(i), under which most persons who are illegal are able to adjust status in the U. S. upon the payment of a fine amount of $1000 if they had a labor certification application or immigrant visa petition pending by April 30, 2001 and were physically present in the U. S. on December 21, 2000, he would be eligible for adjustment of status to permanent residence. This is of course assuming that he has no bars other than the fact that he is presently not legal. If he entered the country illegally, you might be able to take advantage of the Administration’s I- 601A program under which you would petition for him (form I-130) and when approved, he would file an I-601A waiver of the 10 year bar while he is in the U. S., and upon approval of that, begin consular processing to obtain an immigrant visa by interviewing overseas. As part of that program, he or his attorney would request an administrative closure of his court case when the I-130 petition is approved and a termination of the court case before he goes overseas for the immigrant visa interview. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on May 17th, 2014 at 5:09 PM

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Hi - our office gets this question a lot.  In some cases, having a US citizen wife and children can be very helpful in helping your husband remain in the US.  A lot depends on how your husband entered the US, whether he ever left the US and came back illegally, and if he has a criminal record.  There's now a lot that an experienced immigration lawyer can do to help someone facing deportation in getting their status legal, especiallt now with prosecutorial discretion, cancellation of removal, and provisional waivers.  You'll need to speak with a lawyer though to get real helpful information.  We need to know more facts about your husband's situation, and that only way to do that is with a lawyer. Let us know if we can help.  Good luck! Daniel Shanfield http://www.immigration-defense.com/   This information is for general information purposes only. Nothing here should be taken as legal advice for any individual case or situation. Each case is different, and the information provided herein does not constitute a prediction or guarantee of success or failure in any other case. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.  
Answered on May 15th, 2014 at 6:27 PM

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