Will a wedding help my boyfriend imigrate to the US? 8 Answers as of December 28, 2010

he is an illegal in the USA. But I am an American citizen. Would our wedding him be of any help for his immigration?

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
The answer to that question is that it depends. If your boyfriend came to the USA legally, then overstayed, then he would be eligible for you to petition for him once you were married, and he could apply for adjustment of status, and then obtain his green card. If he came to the USA illegally, then he would only be able to qualify based upon a hardship that you (not him) would suffer. Obtaining a waiver of his "inadmissability" is difficult to do in the case of a recent marriage. On the other hand, if you petition for him, and he leaves the country for his interview at the U.S. consulate that they would schedule, he runs the risk, in a weird twist of the law, getting a ten-year bar from re-entering the USA handed down, or from even being able to apply for any immigration visa. If there are other questions you would like answered, by all means call or e-mail to schedule an in-person or phone consultation for you and your boyfriend. Best to you.
Answer Applies to: California
Replied: 12/28/2010
Carlos E. Sandoval, P.A.
Carlos E. Sandoval, P.A. | Carlos Sandoval
It depends how he entered the United States, and if he entered without inspection whether he qualifies for 245(i).
Answer Applies to: Florida
Replied: 12/11/2010
Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
If he entered the US lawfully and overstayed, then a valid marriage to a US citizen will allow him to legalize his status within the US. If he entered the US unlawfully, unless he did so long ago and had a petition filed on his behalf by someone already, grandfathering his protection, a marriage to a US citizen will not allow him to legalize his status within the US under the current immigration laws.

Please feel free to contact me directly with any questions or concerns you might have.
Answer Applies to: California
Replied: 12/9/2010
441 Legal Group, Inc.
441 Legal Group, Inc. | Gareth H. Bullock
Only if it is a real marriage and he entered the US legally. Of course there other factors to consider as well.
Answer Applies to: Florida
Replied: 12/8/2010
Marie Michaud Attorney At Law
Marie Michaud Attorney At Law | Marie Michaud
Maybe. Many people gets a green card through marriage to an American citizen. However, many other requirements are needed, such as absence of criminal history, proof of legal entry or protection under a law called Section 245i.
Answer Applies to: California
Replied: 12/6/2010
    Law Office of Immigration & International Trade Law
    Law Office of Immigration & International Trade Law | Linda Liang
    How is he illegal? Did he come with a visa? or he crossed the border without inspection. If he came with a visa, and you retain a lawyer, you will be able to get him here as your spouse. Wedding picture will help but not necessarily the only one that counts. You should consult an experienced attorney.
    Answer Applies to: Florida
    Replied: 12/6/2010
    Law Office of Baoqin Wang
    Law Office of Baoqin Wang | Baoqin Wang
    If you are a US citizen, you can sponsor your spouse's immigration to the US.

    However, since his is here illegally, the process will be complicated. You will need an attorney to help you through the process.
    Answer Applies to: Oregon
    Replied: 12/6/2010
    Law Offices of Daniel Richardson
    Law Offices of Daniel Richardson | Daniel R. Richardson
    If your boyfriend entered the US legally and just overstayed a visa, he might be able to adjust status married to a citizen.

    If your marriage would be a valid marriage and this condition is true, then you might be able to help him.
    Answer Applies to: California
    Replied: 12/6/2010
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