My boyfriend is on trial and if convicted is facing deportation. We have been together over a year and have a baby together. If I marry him while he is still in jail, will he still get deported if convicted?
Perhaps, but more information is needed. It is unclear if marriage, alone, will have an impact. However, if his attorney is negotiating with prosecutors, then I strongly recommend that your boyfriend hire a competent and experienced immigration attorney now before a final trial or plea. His criminal attorney may not understand the legal details that can lead to a less significant conviction. Sometimes, sentencing modifications can make a difference.
The only answer that can be given right now is that it may. Generally marriage to a US citizen is a ground to gain a lawful status in the US, but it depends upon his criminal history and how he entered the country, among other factors. There are also other forms of relief your boyfriend may be eligible for. The only way to find out is to speak with an immigration attorney.
It depends on a number of factors including, how he entered the US initially, when he entered the US, the type of crime he may be convicted of and what your immigration status is. I would recommend contacting an experienced immigration attorney to discuss what if any relief is available.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.