Can I marry an illegal immigrant? 2 Answers as of April 19, 2011

My boyfriend came to the US as an international student. For some reason, he failed to remain his F-1 visa status. He's now filing for the reinstatement. In worst scenario, if the reinstatement is denied, he'll be considered as illegal immigrant in the US. If I want to marry him at that time, will it be possible? He also has a record with the police for petty theft (I know, he's in big big trouble), but he's already filed for the expungement, which I know he can confidently say no to the conviction question ( is it?). Thanks in advance!

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World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
Yes you can marry him if you want. Never lie in order to get an immigration benefit; that is reason enough for a denial he may never recover from. I am not so concerned with the petty theft, it is just that and it will be forgiven if this is the only instance of it. What I am concerned with is if you going to marry him anyway assuming this is an inevitable outcome of your relationship, why wait until he gets in further trouble? Does not make sense.
Answer Applies to: California
Replied: 4/19/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
Yes, you can marry your boyfriend and petition him for his Green Card even if he is out of status. However, he cannot say no the question on any immigration forms or interview to the question regarding being arrested or convicted. An expungment does not remove a conviction for immigration purposes. He must state that he was arrested, what for, that he was convicted and that the conviction was expunged.
Answer Applies to: California
Replied: 4/19/2011
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