Is it possible to make my fiance legal if he entered illegally into the U.S? 2 Answers as of April 28, 2011

My fiance entered the U.S illegally at the age of 8. He is currently in the U.S. now. We want to get married soon. Is it possible to make him legal because of the fact that he entered illegally into the U.S? Would you recommend he leave to Mexico, and I petition as his Fiance to bring him to the U.S for marriage? Is there any way immigration would know he was here?

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World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
The orthodox way to do it would be to file a petition for him and have him go to Mexico to get his visa. He should have a good waiver ready to be filed in Mexico when prompted by the consular officer to do so. Just make sure that he is a person of good moral character with no major criminal offense in his background, among other things. He may have to stay there for a little time (2 to 8 months in my estimation) while his waiver is being decided. An aggressive way to do it involves Parole in Place (PIP). Last year the USCIS began using PIP for immediate relatives of active duty armed service people. PIP is a mechanism that essentially would allow your relative to be admitted or "paroled" into the US and use that admission to adjust status here in the US. I would recommend a consult with competent counsel to see about even more ways of getting this done in the US. Good Luck!
Answer Applies to: California
Replied: 4/28/2011
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
Some people are able to file in the US despite an illegal entry and overstay. 245i protection, crime victims are two possible options there. Others need to leave and apply via the US consulate. That will trigger a ten year bar to reentry so you then file an extreme hardship waiver to ask them to waive that bar. These are difficult but possible to obtain. Please seek an hour long consult with a competent immigration attorney to determine his rights, if he is able to file in the US and what his chance of success is if he leaves.
Answer Applies to: California
Replied: 4/27/2011
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