Is marriage our only option to prevent my boyfriend from deportation? 3 Answers as of December 05, 2011
My 23 year old boyfriend recently found out that he is at risk of getting deported. The lawyer told him that he can no longer be filed for by his father who is getting sponsored by his work. His two sisters are U.S citizens so the lawyer is just waiting until the oldest turns 21 so that she can file a petition for her mother. The problem with all of this is that my boyfriend has no way of filing for papers because they told him that it would take several years before UCIS would get back to him. My boyfriend is currently unemployed with an expired work permit so he is out of work and cannot find another job. In addition to this, he also has some legal problems that he is currently taking care of. He has a misdemeanor dating back to the beginning of this year and spent a few days in jail in July for a bench warrant for a traffic ticket. He was also receiving unemployment but once they found out that his work visa was expired, they cut him off and told him that he would have to pay back all $25,000. As you can see, there are several problems here that I am skeptical about in terms of how it will all appear to immigration. His lawyer told him that his only option would be to get married but there are a whole other set of issues that come with that. I was wondering if he would be considered to have entered the U.S illegally (he entered the country when he was a small child) and if that would pose a problem when applying for the visa. Also, would the unemployment benefits he was receiving be considered welfare to UCIS? I am currently in school and don't make enough money to sponsor him but we have a sponsor in mind so I am not too worried about that. I am aware that we would have to move in together but I am going to be renting an apartment for my mother and I was wondering if that would look suspicious to UCIS? Unfortunately this has all occurred at a very inopportune time and based on what I have read about the topic so far, I am filled with concerns about the process.Free Case Evaluation by a Local Lawyer!
Enter Zipcode or for Immediate Assistance call (888) 428-7281
Have a general legal question? Click hereAsk a Local Attorney. 100% Anonymous. Free Answers.
Or for Immediate Assistance call (888) 428-7281
Free Case Evaluation by a Local Lawyer: Click herePacifica Legal Services | Floyd Fernandez
There are all kinds of questions that come up. Why is his father no longer able to sponsor him? Has his own green card petition by the employer been granted. And even though he over 21, if the petition by the employer was filed before age 21, but approved after 21 for his father, there are possibilities for your boyfriend to still be eligible under the Child Status Protection Act. The fact that he is now required to pay back $25,000 in unemployment insurance, however, will affect him negatively, because any debt to a governmental agency of over $10,000 is a disqualifier, unless he has completed a payment plan to write off the debt, which is hard, since as an undocumented he cannot work legally. But the straight path is for you to marry, for him to enter a payment plan with the state, and for you to get your parents to act as sponsors along with you, or for his siblings to do the same, once they are 21, since they are citizens.
Answer Applies to: California
Replied: 12/5/2011
Feldman Feldman & Associates, PC | Lynne Feldman
Your situation is complicated and not suitable for answer on an inquiry board. I would suggest you schedule a consultation and all the details can be discussed and a plan devised. The attorney will need a copy of his criminal record and documents related to everything indicated in your inquiry.
Answer Applies to: California
Replied: 12/5/2011
World Esquire Law Firm | Aime Katambwe
As long as he came to the US with a visa and you are a USC marrying him in good faith, all the problems that you enumerated in your question should be resolved. Unemployment is not welfare and will not be considered to be welfare by USCIS. Renting an apartment from your mother is not suspicious at all in your circumstances. Take care of the 1st thing first. As a USC, you are entitled to the pursuit of happiness and you would be surprised how much power US citizenship carries. Again, as long as you are doing it all in good faith, you should be fine. Good luck!
Answer Applies to: California
Replied: 12/5/2011





