HELP! In desperate need of guidance.

[Rem79 0]

Looking for help for a very complicated situation.  I'm going to type the whole story so all information is here... it may be long but I appreciate the help more than you know!

 

My boyfriend of over 2 years is trying to obtain his residence and I am looking to help him/maybe be his (new) sponsor.  Here is his story...

 

When he was approximately 9 years old he first came to the US with his family and lived (and went to school, 4th grade) here for about a year (around 1990).  They returned to Mexico after that year and he came back to the US with his father and uncle and other adult men when he was 17 years old (1998).  They were caught in Oklahoma (on his 17th birthday) and he was in jail for about 2 months before seeing a judge (1999).  When he had his hearing, the judge was present via speaker phone.  He was deported and said he remembers signing something saying he wouldn't return for 10 years; this was his one "forgiveness".  He came back to the US about 3-4 months later (still 1999) and has been here ever since.  In 2007 married a US citizen, and they had a baby; they had their second child in 2012.  She applied for the I-130 on his behalf twice and was denied both times because of the deportation.  He applied for DACA at the advice of his lawyer and was approved (almost/about a year ago).  She then reapplied for the I-130 and it was finally accepted (roughly 8 months ago, maybe less).  He has a US SSN, driver's license, and a 2 year work permit.  He also meets with ICE annually or every 2 years.  

 

They have a lawyer that they've been working with for the last few years but he's discouraged with the lack of progress.  He has sought the advice of two other attorneys and has basically been told that his case is very complicated and he should wait and see what Congress decides about DACA.  The last one told him that a U Visa would be the only thing that "forgives" the deportation.  He was also told to keep his I-130 with him and be sure to continue to renew it (I think in case of amnesty).

 

Here's where the questions lie:  we want to be together and are trying to find out if he can continue the process with me.  The only reason they ever got married was because she got pregnant.  They were never in love, but now he's feeling trapped in a situation he doesn't want to be in, though he loves his children more than anything in the world.  What can we do?

(Please no hateful stuff here.... we're very much in love and we are both good people who have found themselves in a difficult situation.)

[geowrian 22,336]

Please stick to your existing thread. Thank you.

 

FYI - This was posted for a friend and her spouse in your other thread, but now the guy is your boyfriend. I urge you to be clear and honest if you want to receive the best advice possible...changing stories only makes a complex case more confusing.

Edit: After re-reading the post a few times, I think I get where confusion comes into play. Please confirm the following: Your boyfriend is the DACA recipient. But he is currently married to somebody else. His current wife petitioned him but that never went through (for various reasons I'm assuming).

 

 

 

Edited March 5, 2018 by geowrian

[Ontarkie 13,949]

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