Legal Question in Immigration Law in Louisiana

This is not an easy situation. Yes, it seems that he will be either deported or granted voluntary departure (to go back to Mexico). Unless he is granted bond by an Immigration Judge, he is not likely to be released before deportation. Whether you can marry him in USA or will have to go to Mexico to marry him, is not clear. If he came to USA illegally and stayed for over 1 year, after he is deported, he will have a 10-year bar. Having a baby in USA is not considered an excuse.

Sometimes it's possible to overcome this bar on admission to USA. This is going to be an expensive and long process. Please keep in mind that he will have to prove extreme hardship to you, his US citizen wife (and a a waiver is not always granted). He may have to stay 1-2.5 years in Mexico before getting a visa (assuming that it's granted). You will definitely need a legal assistance of a qualified immigration attorney. Before you marry him, it's advisable to have a lawyer to review his eligibility for a visa and chances for ever being able to come back to USA.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice. This response doesn�t create an attorney-client relationship. If you request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, please visit our website http://www.law-visa-usa.com/contact_us.html for more details.