Legal Question in Immigration Law in California

Re: How to stop my fiance from being deportated

There's nothing you can do to help him until you're legally married to him.

Once you're married, your fiance might be able to get permanent residence in removal proceedings in front of the immigration judge. More information is needed from you: whether proceedings have started yet, what kind of crime he committed and whether he has a green card already.

If he committed certain serious crimes known as aggravated felonies, even marriage won't help your fiance if he doesn't have a green card already.

Liem Doan, Esq.

Re: How to stop my fiance from being deportated

Your fiance will not be deported without having his "day-in-court" before an immigration judge. Thus, expedite the processing of your marriage license and consult an immigration lawyer.

Depending upon his conviction and other relevant information, there is a possibility that you may not be able to stop his deportation even if you're legally married to him.

Good Luck.

Re: How to stop my fiance from being deportated

2 important facts need to be known to answer this question: (1) What is your fiance's present status in the US, and if a lawful permanent resident for how long, and (2) what is the conviction for?

Those will help an attorney give you good advice on what your fiance's legal situation is, and what can be possible for him.

Best of luck.

Eric W. Schultz (ph: 716-854-1541)

Re: How to stop my fiance from being deportated

First it would be important to know whether he ever had his resident card before or not. Also, how he entered the country in the first place. He will not be deported without being sent before an immigration judge first. If the current holding location is giving you a hard time obtaining the license, the immigration holding place, once he finishes his sentence, might be easier. If he never had his residence, he might qualify for a waiver for his conviction through a petition by you, once you are married, providing you are a US citizen. You need to talk to a lawyer and give her/him all the details first, to know your choices.