Legal Question in Immigration Law in Louisiana
Hi, My boyfriend and I have been together almost a year and we are planning on getting married soon. I am pregnant for him and will be having the baby in the next 2 months. He is an illegal immigrant from mexico. He was in a finder binder and got arrested for being here illegally. He now has a hold on him for immigration to come pick him up and have him deported. We are still planning on getting married before he gets deported. I just want to know if he will automaically get the ten year ban for being here ilegally and if him having a baby and being married will be enough for him to be able to get his papers to come back here legally? And what are the forms that are needed to be filled out, if any, for any waivers? Thanks
1 Answer from Attorneys
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.
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