How can I help my boyfriend with his immigration legal status? 3 Answers as of July 04, 2013

My boyfriend has been living in the US for five years, illegally. I was born in the US. We have been dating for two years and plan on getting married within the next year. What can I do to help him get SOME sort of legal permission to stay here without the risk of being deported.

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
How old is your boyfriend? If he is under 18 and years of age then he needs to seek immigration counsel at once. After you are married you may petition for him to remain in the U.S. but if he is more than 181/2 years of age and no one else has petitioned for him or a close family member then he will need a trip to his home country and a waiver to return. These cases are complicated and this advice is general. Best to talk to an immigration attorney who can review the specifics of his case and properly advise you. If we can be of help contact me as indicated below.
Answer Applies to: California
Replied: 7/4/2013
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
Find out if he is eligible to waive his unlawful entry. If he is, then he can file for a green card inside the US with you (as long as he meets all other requirements). Normally a person would qualify under 245i or a U visa. Otherwise he may be eligible to file at the US consulate but when he leaves for the appointment this will trigger a ten year bar. You can file an extreme hardship waiver to overcome that bar but you must have your chances evaluated by a competent immigration attorney first, to see if that risk is worth it.
Answer Applies to: California
Replied: 7/15/2011
Christian Schmidt, Attorney at Law
Christian Schmidt, Attorney at Law | Christian Schmidt
He could apply for a green card if you get married as long as he entered the United States legally.
Answer Applies to: California
Replied: 7/15/2011
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