How can my fiance obtain citizenship? 10 Answers as of June 26, 2013my fiance and father of my 4 month old son was brought here illegally by his mother from mexico when he was about 2. he didnt know up until recently that he was even illegal and he is now almost 23. We are so afraid that he is going to get deported or something. he's worked at trek bike for 3 years almost now and hasnt caused any major legal problems. we just want to figure out how to get him his citizenship.
The-Immigration-Lawyer.com, PC | Scott D. Mills
You can sponsor him if you are a citizen. However, since he entered illegally Immigration will expect him to spend a 3-year adjustment period back in Mexico. We can apply for a waiver and if it is approved, he will be able to stay in the US for the 4-year period. This is a difficult process and I strongly suggest that you hire a lawyer.
Answer Applies to: Utah
Immigration Law Offices of Misiti Global, PLLC. | Nicklaus Misiti
Unless someone filed for him before April 30th, 2001 he will not be able to qualify for a legal status in the United States, unless he leaves the country and applies for a waiver. You should speak to an immigration attorney for more information.
Answer Applies to: New York
Law Office of Immigration & International Trade Law | Linda Liang
It can be done but it could be a long shot because he did not enter legally. You should hire an experienced lawyer to help you.
Answer Applies to: Florida
Baughman & Wang | Justin X. Wang
He may be eligible for cancellation of removal. The key is to prove that his removal will cause extreme hardship on you(if you are US citizen or permanent resident) or your child. Difficult to get but it is possible. He will need to be in removal proceedings to apply for this relief. Consult with an immigration lawyer for advise.
Answer Applies to: California
Fong & Associates | William D. Fong
He has accrued unlawful presence beginning on his 18th birthday. As such he has a 10 year bar that will be effective when he leaves the US to apply for his immigrant visa. Check if his parents ever had anything filed for them prior to April 30, 2001. If they had a labor certification or a preference petition filed for them, then your husband is grandfathered for INA section 245(i). You can file for him and he can file at the same time to adjust his status to permanent resident and pay a $1000 penalty to forgive his manner of entry and unauthorized employment.
Answer Applies to: Texas
Kazmi & Sakata | Harun Kazmi
Unfortunately, there is no easy way to correct his status. If you were brought here illegally, you cannot obtain any status (unless the laws change). There is an existing exception that permits the filing of a penalty ($1,000), if you have had a previous family or employment based case filed by 04/30/2001. Has anyone in his family filed such a case? Otherwise, he must go through a consulate process and be subject to a 10 year bar.
Answer Applies to: California
Reza Athari & Associates, PLLC | Reza Athari
First of all we need to know what is a "major problem". Also we need to know if you are planning to get married. Assuming that the "major problem" does not disqualify him for admission, we need to know if he is 245i eligible. If not he will have to leave the US and apply for visa at the US consulate in Mexico and apply for a waiver. Best is to consult with an experienced immigration attorney.
Answer Applies to: Nevada