Will it be better for me to marry my illegal boyfriend in mexico or us? 6 Answers as of February 28, 2011

I have been with my boyfriend for 8 years. We also have 3 children. Right now he is in the US illegally. Would it be better for him to go back to Mexico and US get married over there or in the US? I also receive SSA. Will I be able to sponsor him?

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Law Office of Donna Nanan, PL
Law Office of Donna Nanan, PL | Donna Nanan
You can only sponsor him if you are in the US legally as a permanent resident or US citizen.
Answer Applies to: Florida
Replied: 2/28/2011
Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
The first answer is that if he leaves the USA and marries, and then returns to the USA, even with you, he is subject to a 10-year ban from any immigration benefit, or even from applying for green card status at all. If he has not gone back to Mexico since he first came over to stay illegally, then he may, if he marries you, qualify under a hardship status, a hardship you would be suffering if he is removed from the USA. If he originally came to the USA legally and overstayed, he has a great chance under the law to get a green card through marriage to you. But he absolutely must remain in America. If you want the help of a qualified attorney, feel free to call or e-mail me to set up a consultation. Best to you.
Answer Applies to: California
Replied: 2/27/2011
William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
Answer Applies to: Tennessee
Replied: 2/27/2011
Fletcher, Tilton & Whipple, PC
Fletcher, Tilton & Whipple, PC | Kirk A. Carter
Your boyfriend should not leave the country unless and until he speaks with an immigration attorney and a number of questions are answered. First, did he make a legal entry into the US the last time he entered the country? If he did and can prove that he entered legally, i.e. he has the I-94 arrival departure card that he received when he arrived, or remembers the date so that a replacement can be obtained from USCIS, then if you marry here in the US, he will be eligible to file for adjustment of status here in the US. If he did not make a legal entry, and came over the border illegally, then you have big problems, because if you marry here or there, he would be required to leave and go home to be processed for his green card and when (and if) they determine that he has been illegally here for more than a year he will be subject to a 10 year bar which will prevent him from returning to the US for 10 years. How will they know he's been here illegally - well he's got three kids, and perhaps some other records exist, i.e. employment, tax records, criminal record, traffic violations, etc.?? To get a waiver of this ten year bar is very difficult, but not impossible, you would have to show that you and the children would face extreme and unusual hardship if he were not allowed to return to the US for 10 years. But he's going to be stuck there in his home country for at least 6 months or so while they review the waiver and make a decision. The issues that you raise in your question are very complex and cannot be easily addressed over the internet. I urge you and your husband to speak with a qualified immigration attorney who is a member of the American Immigration Lawyers Association (AILA). Most charge about $100 for a consultation and can give you the information you need to make an informed decision and come up with the right strategy. They can also help you to process your case if you can afford to retain them for this purpose. Good luck.
Answer Applies to: Massachusetts
Replied: 2/27/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
I will need lots of information to advise you properly. If he is currently in the U.S. do not let him go back to Mexico without first speaking to an immigration attorney. If he has been here illegally more than one year he will trigger a ten year penalty by going back. If he has already gone back and forth after accruing more than 6 months of unlawful presence then he may be subject to a permanent bar. These are complicated cases and best is to consult and allow an attorney to get all the facts to let you both know all the options. If he is not eligible for 245(i) relief and must process his case overseas AND HE IS A GOOD CANDIDATE FOR A WAIVER TO COME BACK I would recommend getting married here, file the I-130, do the work to put together a strong waiver case and then when the case is scheduled for interview he would return to Mexico and hopefully not be there more than a couple of months if the waiver is granted and he can return as a permanent resident.
Answer Applies to: California
Replied: 2/27/2011
    Law Office of Immigration & International Trade Law
    Law Office of Immigration & International Trade Law | Linda Liang
    It depends how he became illegal. Did he cross the border or overstay his visa? Either way, it is not as easy to prove your marriage for the satisfaction to the immigration as 1-2-3. You should not do it on your own thinking it is just matter of filling out paperwork because by law you bear the burden to prove your marriage satisfies the requirements of immigration law, which is very complicated. You should work with a lawyer. You are welcome to contact us for legal representation. We have high success rate in representing family-based petition and appeal.
    Answer Applies to: Florida
    Replied: 2/27/2011
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