Can I help my boyfriend get papers to live in the US? 3 Answers as of July 06, 2011

He came her when he was 8months old from Mexico illegal and he is now 18 years old. He never got in trouble with the law. I want to marry him but would they send him back I mean he didn’t know he was going to be coming here. Is there a way I can help him? Or a way I can marry him? He doesn’t want to marry me for that but I want to help him. Is there any way? And oh if he goes to school and gets an AA can tat help him get his papers because its showing him he wants to go to school here?

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Marie Michaud Attorney At Law
Marie Michaud Attorney At Law | Marie Michaud
Hi: When your boyfriend turned 18, he started cumulating days of unlawful presence. Once a person has 180 days of illegality but less than a year, he / she is subject to a 3 year ban when leaving the US. Once he has more than one year, he is subject to a 10 year ban. This complicate a case and makes it more difficult (and expensive). Hopefully, your boyfriend has less than 180 days. It may be possible to proceed through consular processing without him needing a unlawful presence waiver to get his paper. I urge that your bring your boyfriend to an attorney (Many have free consultation) to make sure there is no other issues. A fianc visa or a spouse visa would probably the easiest way, but an attorney could screen for other options as well. There is not enough facts in your emails to have a perfect answer. Good luck.
Answer Applies to: California
Replied: 7/6/2011
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
No. There is nothing you can do for him short of marrying him. Even that will not help if he came to the US without a visa and if you are not 21 years old yet. I mean he will have to go out of the country to get his immigrant visa if he is allowed to file a waiver. They may if his record remains clean. His only shot at this point is to wait and see if the Dream Act is picked up by Congress. That is kind of a long shot but you never know. Good luck!
Answer Applies to: California
Replied: 7/6/2011
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
You need to determine if your boyfriend is eligible under 245i law, that will allow him to apply for a green card via marriage in the US. If anyone filed any paperwork with immigration or the Department of Labor for his parents or for himself before April 30, 2001, then he probably is. Otherwise you can sponsor him but he needs to leave the US and this will trigger a ten year bar. You then will file an extreme hardship waiver at the US consulate in Mexico. If approved he will be allowed back in. If not, he will be barred for ten years. The US consulate in Mexico has a strong history of approving well prepared waivers where the person entered as a minor and has no other transgressions.
Answer Applies to: California
Replied: 7/6/2011
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