Legal Question in Immigration Law in Maryland

Re: illegal imigrant

If your boyfriend is out of status ("illegal") then you really want to get whatever you file right. Filing anything with USCIS is like waving a flag telling them "Here I am!" There are many factors that go into determining what needs to be done to legalize his status, if indeed anything can be done. The critical factor is how did your boyfriend enter the US -- legally (and he has now overstayed) or illegally (he "entered without inspection" or "EWI").

I wish I could provide more concrete guidance but I'd say you don't want to take any chances when dealing with out of status situations. I'd talk to an immigration attorney.

Re: illegal imigrant

Yes, you "could" file the paperwork yourselves. I have many clients who ask that question and I tell them its very similar to changing your own transmission, you could probably do it yourself but if something goes wrong you'll be much worse off than if you had someone do it for you.

With that said, there are several factors you must consider to determine if your boyfriend can benefit from marriage. One major question being whether he entered the US legally and then overstayed a visa or did he run across the border without inspection?

If you do decide to work with a lawyer make sure he/she is a licensed and practicing attorney and make sure you feel comfortable working with him/her (it's very much like choosing a doctor).

If you'd like I would gladly spend 5-10 minutes on the phone to give you an idea of what is involved after you've provided me some more facts.