Legal Question in Immigration Law in California
marriage
I have a question regarding marriage with an illegal alien. Well I have been dating this guy for quite awhile, were both very much in love, I am a US citizen, him on the other hand is not, he had came into this country when he was about 14 years of age with a turists visa, but he left the country when he was 18 and came in illegally, and I was wondering If we were to get married what can we do for him to atleast get permanent residency?
2 Answers from Attorneys
Re: marriage
You may be able to file an immediate relative petition for him (Form I-130) and then he may be able to apply for permanent residence ("green card") through a waiver for his illegal presence.
Re: marriage
If he entered illegally, he'll need to apply for a I-601 waiver along with a petition for lawful permanent residence through marriage to a U.S. citizen.
That means having to go back to his home country and submitting the waiver for adjudication.
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