Legal Question in Immigration Law in California
me and my live in boyfriend have been together for 10 years we hav a 6 year old son and iam 4 months pregnant he is 34 years old iam a us citizen he was born in mexico and is here with no documents can i marry him and keep him here legally without him leaving the USA at all ?
2 Answers from Attorneys
Unfortunately, if he entered illegally, then he cannot adjust status in the United States. However, USCIS is proposing a change to the filing of waivers of inadmissibility, which could benefit him in the future. I would contact an immigration attorney if and when you get married, to see if the laws or procedures have changed by then.
He'll probably need to leave the US to get his permanent residency. This would require marriage to you, the US citizen, first.
It may be possible to get provisional approval of his "waiver" application first so that the chances of being approved for his green card are maximized before he leaves the U.S.
You may find information on the waiver process here:
http://www.msclaw.com/index.php?page=i-601-unlawful-presence-waiver
You may request a free consultation with me here:
http://www.msclaw.com/index.php?page=Consultation_Request
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