Legal Question in Immigration Law in California
getting legal
My boyfreind has a case with a local Bureau of child support. He wants us to get married so he can apply to become a legal resident. I am somewhat skeptical. There are a few issues that I feel may need to be resolved before he can become a resident. One is he owes approx. $40,000 in child support. Second he has been arrested in the past. I believe they are misdameanors. First chrge was for possesion of a narcotic about 7 years ago. The second was domestic violence. He was put on formal probation and violated his probation twice. He was incarcerated for this. The last time he violated the judge closed the case as he paid for the offense with jail time. Will this be a problem? I just don't see the point in getting married if he is just going to be denied. I am also worried this will have a negative impact on me.
3 Answers from Attorneys
Re: getting legal
As unromantic as this may sound, I think you may be right to approach this with some caution. Perhaps the best approach is to have an immigration attorney fully review his criminal history (and immigration history) before you decide to marry. I would strongly recommend that you both consult with the same attorney at the same time so as to be sure of what the situation will be. Many domestic violence charges are deportable offenses, and it sounds as though he may have some serious issues with obtaining legal status at this point.
Re: getting legal
No comprendo! If you are having these types of misgivings why are you still together? If you are worried that a relationship with him will have a negative impact on you, that will happen whether or not you get married. With regard to owing child support, if he makes an effort to pay it, that will not pose too much of a problem. On the other hand, the criminal convictions may. Simple possession of narcotics is a crime involving moral turpitude; domestic violence may or may not be depending on the statute he violate; violation of probation is not good. If he is without documents, I suggest he go see a good immigration lawyer to see what he can do -- right now it seems as if he would be of no benefit to himself or to you without some action on his part. Good luck to both of you.
Re: getting legal
I agree with the previous attorney's answer that your boyfriend has serious problems. Most likely, Immigration will deny his application and put him into removal proceedings. First of all, the narcotics offense makes him inadmissible unless it was only for marijuana less than 30 grams. Secondly, the domestic violence is a crime of moral turpitude which makes him inadmissible. Thirdly, the child support arrears make him out to be a person without good moral character in the eyes of Immigration. Not to mention the probation violations. Nothing will happen to you if you marry him, but your boyfriend will most likely not receive permanent residence but instead could be ordered removed from the U.S.
Larry L. Doan, Esq.
Note: The above response is provided for information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.