Legal Question in Immigration Law in Florida

Re: marriage to an illegal mexican

The answer depends on how your boyfriend is "illegal" - did he enter legally and overstay, or did he enter without inspection? I assume that you are a US citizen. Please see here for complete details on the process, however he entered the US: http://martinvisalaw.blogspot.com/2009/03/my-spouse-is-illegal-what-can-we-do.html

Re: marriage to an illegal mexican

If you boyfriend entered without inspection (called EWI), then he has one option to become legal in the country. Unless the law changes (as it did under the LIFE Act in the year 2000), your boyfriend will need to apply for an immigrant visa at a U.S. consulate in his home country -- and will have to submit an application for a waiver to overcome his illegal entry into the U.S. Waiver applications are very complicated since they can involve psychological evaluation of your relationship with your husband. Again, to apply for the waiver and immigrant visa, your boyfriend will have to leave the U.S. after you are married and a petition has been filed. The U.S. consulate may take several months to decide his case.

If your husband entered with inspection, the above information will not apply. When someone overstays a visa and they marry a U.S. citizen, more relaxed rules are available. Please let me know if this is the case.

Re: marriage to an illegal mexican

Dear Inquirer:

As long as your husband entered the US with a visa, even if he has overstayed his admission date, he is eligible to file for adjustment of status in the US. If he did not enter with a visa, then he is only eligible if he qualifies under Section 245(i), which requires that he was the direct or derivative beneficiary of a visa petition filed on or before January 14, 1998; or April 30, 2001 (if he was present in the US on December 21, 2000.

If he is not eligible to adjust status, then the only we can obtain his green card is by applying for an immigrant visa outside the US. If he has been unlawfully present for more than one year, however, then he would be inadmissible for a period of 10 years. There is a waiver application availble under these circumstances for a person whose legal resident or US Citizen spouse or parent would suffer "extreme hardship" if the person were not admitted to the US.

I recommend that you email [email protected] or visit www.hanlonlawgroup.com if you would like to schedule an appointment for a confidential consultation to discuss this matter further.