What is the best way to get my illegal immigrant boyfriend a green card? 3 Answers as of June 21, 2011My boyfriend and I have been together for 6 years we have 2 children together. He is from Mexico and entered the USA illegally. We have been told that it is not possible for him to get a green card because of this. We have been thinking about going to Mexico and starting everything there. We would get married and do the petition if this is possible. I really need him to have his green card because I am a stay at home mom and we live off his income. I'm always thinking that he can be deported and whats going to happen to our family if this happens. I guess my question is, is there anything that we can do and what would be the best option for us?
Pacifica Legal Services | Floyd Fernandez
There is a way to petition and succeed. You may have been together for 6 years, but if he's been here more than 10, with no criminal convictions, then we can either apply for a hardship waiver, or for cancellation of removal. It will be hard, but it is possible to achieve it. You are eligible if you and he become engaged (yes, you can start there, assuming you're a US citizen), then marry, and he has been in the States for more than 10 years, and has not left for Mexico and illegally returned, and can show extreme and extraordinary hardship to you and to the children, involving extreme distress financially, medically, or emotionally, beyond the normal results of separation due to removal from the USA. I hope to be of help to you. If you wish, feel free to contact me to schedule a telephone or in-person consultation. The fee for the one-hour meeting will be $75, which will be deducted from the fee for obtaining me as your lawyer.
Answer Applies to: California
World Esquire Law Firm | Aime Katambwe
If he has never been removed or deported from the US, then I would suggest that you file an I-130 petition for him (www.uscis.gov, then go to forms). In a nutshell here is what is going to happen: when the application is approved then it will be sent to the National Visa Center and they will contact you to begin processing his visa. It will take a little time for them to get to him, but they will. At the appropriate time he will have to leave the US and you will both appear for his interview at the designated consulate in Mexico. At the ends of the interview, the Consular Officer will let you know that he is inadmissible but that you can file a waiver for him to be admitted back to the US. The waiver will be the most important part for you to prepare for after you file the I-130. It is a complicated process to explain here but I want you have an experienced attorney prepare this for you. In my estimation, if the condition that I opened with in the first sentence holds true, then it should not be a big deal for an experienced attorney to prepare a waiver that will be approved. Going to start over in Mexico can prove harder than you think. I think you should stay and get him to come back to the US legally. There is nothing like the US for USC's. . . really! Good luck!
Answer Applies to: California