My boyfriend is Guatemalan with no status in the USA, if we marry will he be deported? 9 Answers as of August 07, 2013

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Walker & Ungo Law Firm
Walker & Ungo Law Firm | Gabriela Ungo
He will not be deported fro marrying a US citizen. However, depending on his immigration and other background history, he may be eligible to obtain permanent residence (green card). You should consult an experienced immigration lawyer for that matter.
Answer Applies to: Mississippi
Replied: 8/7/2013
Law Office of Sylvia Ontaneda-Bernales | Sylvia Ontaneda-Bernales
Marriage does not get anyone deported. That said, he will not be able to Adjust Status (get a Green Card) because he marries a U.S. citizen, which I assume you are, unless as his wife you would suffer "extreme hardship" if he gets deported. You have not indicated if your boyfriend came to the U.S. as a child. If he did, and if he fulfills other requirements, he may be eligible for Deferred Action for Childhood Arrivals (DACA). You both may want to consult with a competent immigration attorney who can assess your boyfriend's specific situation and discuss his immigration options.
Answer Applies to: Maryland
Replied: 8/7/2013
Universal Law Group, Inc. | Francis John Cowhig
It depends on whether he has a criminal record or is just an overstay and what you status is (U.S. citizen, Permanent Resident, etc.) If you are a U.S. citizen you can petition him immediately after you get married. However, he will probably have to return to his home country for a period of time and go through consular processing.
Answer Applies to: California
Replied: 8/6/2013
Havens & Lichtenberg PLLC
Havens & Lichtenberg PLLC | Michael Lichtenberg
If you get married, your marriage will not cause his deportation. Most likely, you will not be able to "fix his papers" now; but the law is expected to change. And, even under the present law, if he gets arrested by the Immigration, his being married to a U.S. citizen or permanent resident might give him a chance to fight the deportation.
Answer Applies to: New York
Replied: 8/6/2013
Herrera & Juelle LLP | Carlos Juelle
Just getting married should not trigger his deportation.
Answer Applies to: California
Replied: 8/6/2013
    Perez-Jenkins Law, LLC | Patricia Perez-Jenkins
    Getting married won't get the person deported. However, depending on the state you are in, if he is ever stopped he can be placed in deportation proceedings, if he violates any law he can be placed in deportation proceedings, if there is a raid at his work, he can be placed in deportation proceedings. I usually advice clients to meet with an immigration attorney after they marry so that they can determine when it is best to start the process of applying for a spouse.
    Answer Applies to: Minnesota
    Replied: 8/6/2013
    LAW OFFICES OF S. OUYA MAINA | SAMUEL OUYA MAINA
    If you are a citizen you may petition for him once married. Whether he can stay depends on his manner of entry, length of stay in US, and criminal history if any. I suggest consulting with an attorney so you can discuss in detail.
    Answer Applies to: California
    Replied: 8/6/2013
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    He will not necessarily be deported, because you marry. However, he could be deported if you attempt to obtain status for him and he is ineligible.
    Answer Applies to: New York
    Replied: 8/6/2013
    Coane and Associates
    Coane and Associates | Bruce Coane
    Marriage does not trigger a deportation. An arrest followed by lengthy court proceedings could trigger a deportation.
    Answer Applies to: Texas
    Replied: 8/6/2013
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