What can I do if I am a citizen engaged to an illegal immigrant? 4 Answers as of January 17, 2011

I am 19 years old and my fiance is 20. I am a born citizen and well my fiance is not. I have been told a lot of things about this situation; either that he is never going to fix his papers or that they are going to deport him or that he is going to get a penalty of 10 years before he can even start the process of all the paper work. I do not want to jump to conclusions but if that is true, I want to hear it from someone that went to school and has their degree and that is there job, I feel that you should tell me not them! I know what he did was wrong (coming here) but he had good intentions. What can I do? Can you help me? Thank you for your time.

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Carlos E. Sandoval, P.A.
Carlos E. Sandoval, P.A. | Carlos Sandoval
The answer to your question depends on the manner he entered the United States. If he came legally you can file a petition for him and he can adjust his status within the United States. If he came illegally the situation is different and we would need to evaluate the case to decide what's the best course of action for him to follow.
Answer Applies to: Florida
Replied: 1/17/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
Good intentions don't excuse a person to do things, unfortunately. If he came here without inspection, then there is no fix. Sorry to tell you that.
Answer Applies to: Florida
Replied: 1/10/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
These are complicated cases and you are right not to accept the word on the street as everyones case is different.

1) Is your fianc in the U.S.?

2) Did he enter without papers or enter with papers and then overstay?

3) Has he ever returned to his home country after being here illegally?

4) Does he have any criminal record?

5) Has he ever been deported or fingerprinted at the border?

6) Does he have any other permanent resident or U.S. citizen relative who might have filed papers for his parents or grandparents?

7) Has anyone ever filed a petition for him or one of his parents? If yes, when? Can he get a copy?

These are all questions I will need answers to in order to properly advise you and your fianc on whether he is eligible to file in the U.S., out of the U.S. or not at all and what the costs and procedures are. I would recommend setting up a consultation to go over these questions. We do charge for consultations and you can schedule one by calling my office below to select a convenient time and date. $350 per hour is the consultation fee; but whatever you pay for the consultation would then be a credit toward the fees for your case if you retain us to do work beyond the consultation.
Answer Applies to: California
Replied: 1/10/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
A person who came to the U.S. without inspection (generally meaning crossed into the U.S. illegally) and is not protected under Section 245(i) of the law is ineligible to apply for his Green Card in the U.S.. After his I-130 petition is approved he would have to return to his home country to be processed for an immigration visa to return to the U.S. However, if you boyfriend has been unlawfully present in the US for more than one year, when he leaves for his immigration visa interview he will trigger a law that makes him inadmissible to return to the U.S. for 10 years. While the 10 year bar can be waived, the waiver is difficult to get, can take up to a year to be approved, and if not approved he cannot return to the U.S.

Some people are eligible to adjust their status in the U.S. under Section 245(i). Determining if a person qualifies for 245(i) protection should be done be an experience immigration attorney.
Answer Applies to: California
Replied: 1/10/2011
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