How can I make my boyfriend legal? 2 Answers as of March 11, 2011

Me and my boyfriend want to get married because we have a 10 month daughter. I want him to get his papers and I want to know does he have to go back to Mexico, he has been here in United States since he was 2 years old when his parents came here. If he does go back to Mexico, how long is it going to take? He never got in trouble and his record is clean. How do I fill out all of the paper work?

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
I would say, first of all, that if you marry him, with the daughter involved as well, that your boyfriend may have a serious chance. I would have to know more. Perhaps there was an application for him by a close family member that is still on file, you may be able to get an exception under section 245i of the Immigration Act. There may be a qualification for him through you and the child for waiver of inadmissibility, which could get your man a green card, or through cancellation of removal in immigration court. I would say you definitely need an attorney, and I would gladly help, if you schedule a consultation with me via e-mail or phone.
Answer Applies to: California
Replied: 3/11/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
If your boyfriend has been illegally in the U.S. for more than 180 days since turning 18 years he is barred from returning for 3 years. If he has been illegally in the US for 1 year, the bar is 10 years. To return earlier, he will have to apply for and be granted an waiver. The waiver is filed after his immigrant visa interview at the U.S. consulate in Ciudad Juarez. To have a strong chance of the waiver being granted you should retain an immigrant attorney. Most waivers filed at the consulate by non-attorneys are denied because they are not properly completed and do not contain the necessary documents to prove the required extreme hardship.
Answer Applies to: California
Replied: 3/11/2011
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