How do I get my boyfriend his green card or a work permit? 2 Answers as of May 16, 2011

My boyfriend and me have been together for about four years and we have lived together for one. I have a six year old daughter witch he is not the father of but he has helped and been here for her as if he was. We have been wanting to get married for the past 2 years but he is scared that they are going to send him back to Mexico and he don't want that to happen because he is the one who pays everything and takes care of me and my daughter. We just want to know what we should do so that we can get married and make all this legal so that he don't have to worry anymore. He has been here 5 years and entered illegally. He has worked hard the whole time he has been here and has only been in traffic trouble all were misdemeanors. What would be the best thing for us to do so he can stay here and we can get married and be a family?

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Oltarsh and Associates, PC
Oltarsh and Associates, PC | Jennifer Oltarsh
How did your boyfriend enter? Where are his parents? Did they ever try to regularize in the U.S.? If he entered across the border he likely is not eligible to adjust in this country. If he leaves, he will be barred for 10 years. You may have to wait and see if Obama changes the law. I have been practicing for over 15 years. Our immigration law firm has been in the immigration field for more than 45 years. We have handled cases with experience, integrity, and good effect. We offer payment plans with no interest.
Answer Applies to: New York
Replied: 5/16/2011
The Jarrett Firm, LLC
The Jarrett Firm, LLC | Patrick Jarrett
I recommend speaking with an immigration attorney regarding your situation. If you are planning on getting married, you would be able to file a petition for him as an immediate relative. Whether he would qualify to adjust status while in the United States depends on several factors including whether he entered legally or without inspection. If he entered without inspection, he may still be able to qualify through 245i, which is a provision in the INA. This is a narrow provision and may be an option depending on when he entered and whether a petition has been filed on his behalf. If not, there are still other options you may pursue. I highly recommend speaking with an immigration attorney regarding your case so you can determine your best course of action.
Answer Applies to: Georgia
Replied: 5/12/2011
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