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I met a Guy in Mexico years back. We stayed in contact and then he came to the U.S. illegally to be with me. We have been together for 6 years and have a beautiful daughter and another on the way. He is such a good man and father and I do not want my kids growing up without their father. What can I do to keep him here?
2 ANSWERS
Your fiance will qualify for a green card once you get married but he must leave the U.S. and apply through a U.S. Consulate for an immigrant visa to come back. Once he leaves the U.S., he will be barred from receiving the visa for 10 years because of his illegal presence in the U.S. He requires a waiver to overcome the bar. Chances for a waiver approval depend on a number of circumstances. You should contact an experience immigration attorney before you even think about getting married.
Answered on Aug 03rd, 2011 at 6:06 AM
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Fong Ilagan
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If you are married, you can petition for his permanent residence; but because of his manner of entry, he will likely need to leave the US and apply for the immigrant visa and waiver at his home consulate. The waiver is approvable if he can show an extreme and unusual hardship to you and your children. These cases are still being adjudicated relatively quickly if they are clearly approvable by the USCIS officer at the US Consulate. Consult with an experienced immigration attorney.
Answered on Aug 03rd, 2011 at 5:48 AM