Legal Question in Immigration Law in Indiana

Re: illegal fiance

If he entered the USA illegally, the law presently does not allow him to adjust his status to become a permanent resident while he remains in the USA, even if he is married to a US citizen. He would have to leave and wait in Mexico while the petition you file on his behalf is pending. An important fact we would need to know is how long has he been illegally in the USA. The time he has remained in the USA illegally will affect the time he will be banned from re-entrering the USA. From your facts it seems he has been in the USA illegally for over a year, meaning he would be barred from re-entering the USA for 10 years. You would have to, in addition to your petition, submit an indamissibility waiver explaining to the consulate the extreme hardship it would cause you (the US citizen) if your spouse is not allowed to be admitted to the USA. This is a complex matter. You should definitely seek the assistance of a qualified immigration attorney. Feel free to contact me if you need any further information or assistance. Good luck!