Will my boyfriend be able to apply green card via marriage even though he is here illegaly? 3 Answers as of March 14, 2011

My boyfriend has been in the US illegaly since 2000. We met in 2002 and now we would like to get married. Will he be able to apply for a green card by marrying me (I am a US Citizen)? He entered the US illegaly. Will his case be approved? Do judges pardon immigrants who have entered the US illegaly? I've heard of cases where the "immigrant" will have to leave to country for x amount yrs before he/she can be granted a green card. Pls provide me th eworst and best possible scenarios. Thank you!

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
Your boyfriend and you will be able to apply for a green card through two ways, that will be difficult. One, is the route of you marrying, and you petition for him, followed by him applying for adjustment of status and I-601 waiver of inadmissibility. Two, is the route of marrying, and then he applies for cancellation of removal through the Department of Justice, who assigns the case to an immigration judge. The chances are difficult with both of them, but better with the first route. If you wish to discuss the matter at greater length, which will need an attorney, feel free to call or e-mail me to set up an appointment for a consultation, either in person or by phone.
Answer Applies to: California
Replied: 3/14/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
Unless your boyfriend is the beneficiary of a labor certification application or petition filed before April 30, 2001, he is ineligible to adjust his status in the U.S. and must apply for an immigrant visa at his home country. This means he cannot obtain his Green Card in the U.S., but only after an interview at the consulate. He will need a waiver to return since once he departs the U.S. he will be barred from returning for 10 years since it appears he has been unlawfully present in the US for more than 1 year since turning 18 years old. It will take 3-12 months for the waiver to be decided. If the waiver is denied, he cannot return to the U.S. for 10 years.
Answer Applies to: California
Replied: 3/8/2011
Law Offices of Caro Kinsella
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
Contact my office for a free legal consultation, as I want to see whether your boyfriend is 245(i) eligible before I give you legal advice.
Answer Applies to: Florida
Replied: 3/7/2011
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