Will being married and having a child in the US help the chances of an illegal immigrant? 6 Answers as of January 26, 2011

I was wondering if someone who has lived here in the country since a child and is now 21, and is illegal, what his rights are to staying in the country and also he has a child born here who is currently 3 years old to where the mother of the child and they were legally married, does that help his chances to staying in the country, or can they still deport him?

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
He can still be deported but should consult with a lawyer about the possibility of becoming legal through his spouse's petition. This will likely require a visit to the home country and a waiver (unless he qualifies for some type of amnesty program such as 245(i)) ;but may still be worth it to get out of the shadows and eliminate the constant fear of being picked up. If you would like some information on the fees, procedures, timing etc. and an assessment of the strength of your case you may contact me as indicated below.
Answer Applies to: California
Replied: 1/26/2011
Carlos E. Sandoval, P.A.
Carlos E. Sandoval, P.A. | Carlos Sandoval
It depends what's the status of the spouse, and how the immigrant entered the United States to determine whether he qualifies for a petition. If he has been here over 10 years and he can prove that his family will suffer extreme hardship he could also apply for cancellation of removal if you are ever placed in removal proceedings.
Answer Applies to: Florida
Replied: 1/21/2011
William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
The Wife who is an American needs to file an I-130.
Answer Applies to: Tennessee
Replied: 1/19/2011
Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
Yes, on these facts he could likely be deported at anytime.
Answer Applies to: Virginia
Replied: 1/18/2011
Marie Michaud Attorney At Law
Marie Michaud Attorney At Law | Marie Michaud
Maybe, maybe not.

If your friend is married to an American citizen, and came correctly (with a visa under her name), she could file for adjustment (green card) provided she is admissible. The child would simply demonstrate that she has a valid marriage and not a green card marriage. If your friend came in illegally, but is protected under 245i, she can still adjust but must pay a higher filing fee. If the person is married to someone without paper, it doesn't help. Just because the person has lived here all her life, has a kid and spouse doesn't give any right to stay.
Answer Applies to: California
Replied: 1/18/2011
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