Can I marry my boyfriend while he is in custody so he will not be deported? 10 Answers as of January 06, 2011

I have been with my boyfriend for nearly 3 years and was made subject to be removed back to Zimbabwe after his released from prison. His sentence was 4 years and he has done 2 and he is nearly at the end of his sentence. I am so scared that immigration is going to send him back. We are both very much in love and we want 2 marry and have a family. Is there any way we could marry while he is in custody?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
I am sorry, but it is very unlikely you will be able to help him. He is a convicted felon, especially if it is an aggravated felony (not all felonies are); and that means that he will be, if an immigration hold is on him, deported with a permanent ban prohibiting him from ever even applying for an immigration visa. I am sorry.
Answer Applies to: California
Replied: 1/6/2011
441 Legal Group, Inc.
441 Legal Group, Inc. | Gareth H. Bullock
You can marry him but it may not help as his criminal conviction(s) may not allow for any relief from Deportation.
Answer Applies to: Florida
Replied: 12/22/2010
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
You may get married while he is in custody but just getting married may not be sufficient to prevent deportation. You would need to sponsor him for permanent residency and depending on the facts of his conviction and immigration history he may or may not be eligible for permanent residency or his eligibility may require him to return home and then apply for a waiver to return.
Answer Applies to: California
Replied: 12/21/2010
William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
A felony conviction is usually a deportable offense. Even your marriage may not stop a deportation but you could marry and file i-130 for a visa.
Answer Applies to: Tennessee
Replied: 12/21/2010
Carlos E. Sandoval, P.A.
Carlos E. Sandoval, P.A. | Carlos Sandoval
Depending on what his conviction is, it is possible that he would be inadmissible even if you marry him. I would need to know more details about the case to give you an answer.
Answer Applies to: Florida
Replied: 12/20/2010
    Law Office of Immigration & International Trade Law
    Law Office of Immigration & International Trade Law | Linda Liang
    It is very tricky. You need to bear the burden to prove that your marriage is in good faith. It also depends on your boyfriend's criminal record. It is time to hire a lawyer. Do not do it yourself.
    Answer Applies to: Florida
    Replied: 12/20/2010
    Pauly P.A.
    Pauly P.A. | Clemens W. Pauly
    You can always marry your boyfriend subject to the laws of the state where you are residing, but that alone will not prevent his potential removal from the U.S. The question of whether or not your boyfriend has any possibility of remaining in the US is best discussed in detail with an immigration lawyer who would need to know the details of his conviction and history.
    Answer Applies to: Florida
    Replied: 12/20/2010
    Calderón Seguin PLC
    Calderón Seguin PLC | Ofelia L. Calderon
    Yes, in some cases. It depends on many many issues. One, some jails permit marriages and some don't. Two, marriage may not be enough to keep your boyfriend here depending on what type of conviction he actually has. This is a serious and complicated issue because he is detained and because there is a criminal conviction. You need to contact an immigration lawyer and set up a real consultation.
    Answer Applies to: Virginia
    Replied: 12/20/2010
    Law Office of Baoqin Wang
    Law Office of Baoqin Wang | Baoqin Wang
    You could marry him but whether he could avoid deportation depends on many factors, especially his previous criminal history.
    Answer Applies to: Oregon
    Replied: 12/20/2010
    Marie Michaud Attorney At Law
    Marie Michaud Attorney At Law | Marie Michaud
    Some detention facilities will allow you to get married while others will not. Whether this can save your boyfriend from deportation, it is not very clear. it depends on the nature of his convictions. He might need a waiver. Speak to a good immigration attorney about this.
    Answer Applies to: California
    Replied: 12/20/2010
Click to View More Answers: