Can my boyfriend get his residency if I request after marriage? 8 Answers as of December 07, 2011

My boyfriend had tps and it was not renewed. He was in court on a domestic case and ICE arrested him. If he gets deported to El Salvador and I go marry him there, can he get his residency if I request it?

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

Or for Immediate Assistance call (888) 428-7281

Free Case Evaluation by a Local Lawyer: Click here
Law Offices of Kiran Nair
Law Offices of Kiran Nair | Kiran K. Nair
It is not that simple. If he has a domestic violence felony conviction then he cannot adjust status even if you marry him; however if it is a misdemeanor then he may qualify under petty offense exception but burden is him to show that he is not a violent person, and overall, person of good character. If you marry him, both of you should genuinely want to be married to each other which generally requires living together day-to-day, paying joint tax returns, paying joint expenses, having joint bank accounts, and will be questioned w/tough questions on whether it is a bona-fide marriage. I strongly recommend that you consult with immigration attorney because of his conviction, and other prior immigration history.
Answer Applies to: California
Replied: 12/7/2011
Touchstone Law Firm, LLC
Touchstone Law Firm, LLC | Dmitry David Balannik
If you are a US citizen, perhaps.
Answer Applies to: District of Columbia
Replied: 12/6/2011
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
Yes he most likely will, but the question will be: after how long? If he is somehow returned to his country, the 10-year bar to readmission will apply to him, TPS or not. However, if you marry in good faith in the US, then there may be a chance that he can get to stay and adjust his status, among other applications, before the Immigration Judge. Hopefully he does not have any other crimes in his record, especially aggravated felonies. Good luck!
Answer Applies to: California
Replied: 12/5/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
We would need to review his criminal record and deportation order to properly advise you. If you are a U.S. citizen and married and these documents do not make him inadmissible or are a grounds of inadmissibility which can be waived.
Answer Applies to: California
Replied: 12/5/2011
Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
You may be able to stop his deportation and/or petition for him after his deportation. It really will depend upon his criminal record. Unfortunately, stating he has a domestic case is not sufficient to make a determination.
Answer Applies to: New York
Replied: 12/5/2011
Immigration Law Offices of Misiti Global, PLLC.
Immigration Law Offices of Misiti Global, PLLC. | Nicklaus Misiti
He's going to have a number of potential issues. Generally if an individual does qualify for a legal status, it is best to apply before they are deported.
Answer Applies to: New York
Replied: 12/3/2011
Bell, Nunnally & Martin, LLP | Karen-Lee Pollak
Based on the limited information provided, you can sponsor your boyfriend once you have married him either here or in El Salvador. You could marry him now provided it is a good faith marriage and apply to court to cancel his removal based on his marriage to a United States Citizen.
Answer Applies to: Texas
Replied: 12/3/2011
Capriotti International Law
Capriotti International Law | Franco Capriotti
That is a tough one. If he was convicted of domestic violence, he may not have much of a chance. He would benefit greatly by talking to an immigration attorney.
Answer Applies to: Oregon
Replied: 12/3/2011
Click to View More Answers: