If someone marries an illegal immigrant

[panamania79 2]

I was just curious because somebody I know is going to marry her boyfriend who isn't legal.

[Caladan 19]

The short answer is "it depends. Probably."

The longer answer is that it depends on what you mean by illegal. If he entered the country legally (and then overstayed or otherwise fell out of status), they'll file the I-130, the I-485 & other forms and it will proceed just like anyone adjusting off a tourist visa. If he entered without inspection once, he won't be able to adjust status, but will have to go home and file for a visa and a waiver (most likely with a good chance of success.)

And this is assuming that he's not currently under a deportation order, or that he hasn't been deported before and EWId again.

[panamania79 2]

The short answer is "it depends. Probably."

The longer answer is that it depends on what you mean by illegal. If he entered the country legally (and then overstayed or otherwise fell out of status), they'll file the I-130, the I-485 & other forms and it will proceed just like anyone adjusting off a tourist visa. If he entered without inspection once, he won't be able to adjust status, but will have to go home and file for a visa and a waiver (most likely with a good chance of success.)

And this is assuming that he's not currently under a deportation order, or that he hasn't been deported before and EWId again.

To my understanding,her boyfriend entered illegally through Mexico (he's not Mexican),and then came up here to RI.Since the governor signed a bill last week making it very tough for people to be here illegally,he's scared he'll soon get deported.

[Caladan 19]

If he entered illegally, to the best of my understanding, he'll have to go home and file a waiver in order to get a family-based visa (fiance or spouse) to come here and adjust status.

Getting married, though, won't stop him from being deported, so if they're thinking of rushing into anything on that account, don't.

[panamania79 2]

If he entered illegally, to the best of my understanding, he'll have to go home and file a waiver in order to get a family-based visa (fiance or spouse) to come here and adjust status.

Getting married, though, won't stop him from being deported, so if they're thinking of rushing into anything on that account, don't.

I told her that she probabaly will have to go back to Central America with him and live there because of the 10 year ban.

[DeadPoolX 9]

In this situation, it might be a good idea to at least ask an immigration attorney. That doesn't mean your friend would need to necessarily hire the attorney, but just pay for a relatively brief consultation. True, it might be somewhat expensive, but considering the touchy cicumstances, it might also be worth it.

[Caladan 19]

If he entered illegally, to the best of my understanding, he'll have to go home and file a waiver in order to get a family-based visa (fiance or spouse) to come here and adjust status.

Getting married, though, won't stop him from being deported, so if they're thinking of rushing into anything on that account, don't.

I told her that she probabaly will have to go back to Central America with him and live there because of the 10 year ban.

He can probably secure a waiver. She'd have to check to see what the approval rates are like out of his country (out of Ciudad Juarez, it's around 95%), but they likely have a decent shot. DeadPool has good advice; bouncing this one off a good lawyer probably isn't a bad idea.

[panamania79 2]

If he entered illegally, to the best of my understanding, he'll have to go home and file a waiver in order to get a family-based visa (fiance or spouse) to come here and adjust status.

Getting married, though, won't stop him from being deported, so if they're thinking of rushing into anything on that account, don't.

I told her that she probabaly will have to go back to Central America with him and live there because of the 10 year ban.

He can probably secure a waiver. She'd have to check to see what the approval rates are like out of his country (out of Ciudad Juarez, it's around 95%), but they likely have a decent shot. DeadPool has good advice; bouncing this one off a good lawyer probably isn't a bad idea.

Her boyfriend is Guatemalan,not Mexican.He just cut through Mexico to get here.

[GabachaYucateca 0]

The best source of info for your friend is www.immigrate2us.net. And Caladan is right...he will have to go back to Guatemala after he goes to his visa interview in Guatemala City. At that point he'll be told if he's elgible for a waiver. The length of the ban depends on the sum total of his time illegally here, but the waiver is meant to be a way for that illegal presence to be forgiven (only because of his marriage to a USC).

[panamania79 2]

The best source of info for your friend is www.immigrate2us.net. And Caladan is right...he will have to go back to Guatemala after he goes to his visa interview in Guatemala City. At that point he'll be told if he's elgible for a waiver. The length of the ban depends on the sum total of his time illegally here, but the waiver is meant to be a way for that illegal presence to be forgiven (only because of his marriage to a USC).

Thanks.They're scrambling since that ****head Governor Carcieri signed that bill.Did you see him on Lou Dobbs ?

[GabachaYucateca 0]

The best source of info for your friend is www.immigrate2us.net. And Caladan is right...he will have to go back to Guatemala after he goes to his visa interview in Guatemala City. At that point he'll be told if he's elgible for a waiver. The length of the ban depends on the sum total of his time illegally here, but the waiver is meant to be a way for that illegal presence to be forgiven (only because of his marriage to a USC).

Thanks.They're scrambling since that ****head Governor Carcieri signed that bill.Did you see him on Lou Dobbs ?

No, I try to avoid things that raise my blood pressure!

But I did read in Latino Express about all of the businesses patronized by Latinos severely hurting right now!

[Caladan 19]

The best source of info for your friend is www.immigrate2us.net. And Caladan is right...he will have to go back to Guatemala after he goes to his visa interview in Guatemala City. At that point he'll be told if he's elgible for a waiver. The length of the ban depends on the sum total of his time illegally here, but the waiver is meant to be a way for that illegal presence to be forgiven (only because of his marriage to a USC).

Or his relationship. (They could be just fiances, too.)

[GabachaYucateca 0]

The best source of info for your friend is www.immigrate2us.net. And Caladan is right...he will have to go back to Guatemala after he goes to his visa interview in Guatemala City. At that point he'll be told if he's elgible for a waiver. The length of the ban depends on the sum total of his time illegally here, but the waiver is meant to be a way for that illegal presence to be forgiven (only because of his marriage to a USC).

Or his relationship. (They could be just fiances, too.)

I should have said pending marriage too, but I got lazy!

[Laveau 67]

I met a man who came here on a visitor (tourist?) visa. When we met his visa had already expired. I didn't know anything at the time about immigration. Anyway, I married him. We were really slow at doing anything about fixing his papers. I was lazy and didn't know much about it. I didn't know how important it was and I guess he was lazy as well. We were married almost 2 years before he finally got around to applying for a greencard. He got it pretty much without a problem.

[Fandango 1,439]

He just cut through Mexico to get here.