Help pls: Jamaican national engaged to a us citizen

[Minascham 0]

Hi wonderful world. My partner and I have been together over 3 years. We both live in NYC. He came 16 years ago from Jamaica but no proof of entry. However, he has a 13 yrs old daughter who he has sole custody of. Recently he was arrested but later dismissed for domestic dispute with me. As soon as he was arrested, ice came to pick him up. In the meantime I found out I was pregnant. Fast forward, criminal case dismissed, he receives bail based the possibility of cancellation through his 13 yrs old daughter.

My question is as follows: if he and I finally marry will he be able to adjust his status without going back to Jamaica to wait for a legit visa. We for obvious reasons don't want him to return home. Is there a waiver we can file to forgive his lack of an entry document.

Also I was informed that once you have entered the deportation proceeding and apply for cancellation that you can be issued working papers, etc.

Right now I am begging you share your sincere guidance so that we skip the greedy lawyer procedures which have already cost me $10,000. What are we eligible for when we get married?

Thank you and looking forward to your response.

[Transborderwife 4,666]

He cannot adjust in country. Marry him, he returns home to Jamaica. You file for a spousal visa, it gets denied in which you apply for an I-601a waiver.

[Minascham 0]

Thank you so for responding. So he would have to go back and if they deny him there , what then? I have scary image of him being stuck there!

[Boiler 43,381]

Sounds like you are talking about COR which requires extreme and unusual hardships.

Not something to do without competent legal guidance.

I 601a requires you to be relatively clean and I do not know if that would work

[zuluweta 250]

Cancellation of Removal has a Good Moral Character requirement within the past 10 years. Your partner does not satisfy this requirement because of the arrest for domestic violence/dispute.

Even if the lawyer costs much, this is not a do-it-yourself case. You need an immigration lawyer to have any chance at success.

[Minascham 0]

Thank you- the charges were dismissed.

[Boiler 43,381]

The issue is that Immigration does not like DV issues at all and they can use 'reason to believe' rather than convictions.

[Transborderwife 4,666]

Thank you so for responding. So he would have to go back and if they deny him there , what then? I have scary image of him being stuck there!

It's likely possible. A risk that you take with love.

[Jawaree 717]

He has to get his visa in Jamaica, he is not eligible for 601A

DV is taken seriously, with a waiver atty & no bans additional

he could prepare a waiver B4 going to interview, just get

things planned for him to be there 6-9 mths could be less. I

do understand you looking at the added costs of an atty. but

its the rest of your life you will be deciding, and its doable with

a professional, He got COR?, the hardship re: his daughter must

have been strong

Edited May 30, 2015 by Jawaree