I am american citizen and want to know what can I do for my illegal boyfriend. 2 Answers as of December 07, 2010

I want to know what are my options to get my boyfriend/fiance of 2 years legal are. He has 3 US born kids. He lived in the states for 18 years and has clean records and had the same job for 7 years. We would like to get married soon but first, I wonder what is the best option for all of us?

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
I am sorry to be so late, with unavoidable circumstances, but I hope to be helpful with your question. The problem is that I would have to know a lot more of your fiancee's situation. Did he initially come in legally, then overstay? Or did he just come in illegally? Did he ever cross back out of the USA, then return? If he did the latter of the three, then he's in real
difficulty, though not impossible. If he did the second without ever recrossing the border, and especially if he originally came legally, he has greater opportunities to get legal status. He has been here for 18 years, he may have eligibility under section 245i of the Immigration Act. You cannot sponsor him as a fiancee while he's in the country, but you do NOT want him to leave the country while making an application, for doing so can subject him to a minimum 10-year ban from even applying to get an immigration visa of any kind. But there are options, especially once you are married to him, that you can act as his petitioner (his sponsor). If you want to know more, please by all means call or e-mail me. Best to you.
Answer Applies to: California
Replied: 12/7/2010
JCS Immigration & Visa Law Office
JCS Immigration & Visa Law Office | Jack C. Sung
If he entered the US with a visa, then you can get him a green card within 6 months as his wife. If he did not enter the US with a visa, then the question is whether he had a prior petition I-130 filed by a relative, filed before April 30, 2001. If he has the old petition, you can still get him a green card within 6 months as his wife. If he entered illegally and there was no prior petition, then he must wait for the law to change. For more information, please call me at my office.
Answer Applies to: California
Replied: 11/16/2010
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