Legal Question in Immigration Law in Maryland

I am a Unites States Citizen born in the United States of America. However, my boyfriend, who is almost 20, was smuggled into the country when he was a very small child. He did not know the consequences of his actions as a small kid, and wishes every day that his parents had not made a decision that affected his life so horribly. He does not have a visa or a social security number, but he has a tax ID and pays taxes. Other than his status in this country he has never in his adult life committed a crime. He is a wonderful person who is very involved in church. He is a true blood, video game playing, barbequing, football playing American in nature. He has been raised here all his life and cannot even remember the country he was taken away from against his will. If he returns to his country now there will be a ten year ban for him if he tries to obtain a visa and come into the country the way that he would have originally chosen if he is old enough. After the ten year ban I have heard that it is next to impossible to get a visa. He does not have a home, a job, and nowhere to go in his country. Here he is surrounded by the friends that he went to high school with, did band with, and played sports with. Here he has his church and his community. Here he has a family and a girlfriend that loves him. Here he has everything that is important to him. Except a future. That future was ripped away from him. Is there anything he or I can do in order to make him legal. Even if he has to leave for a few years (preferably not ten [Who wants to never see their home again for ten years or possibly longer?]) or we have to be married that would be fine. I love him with everything that I have, he is so nice to me, and I cannot imagine a life without him by my side. It would not be a faked marriage because I love him, but it would be in order to save him from a life that he did not choose for himself.


Asked on 2/15/11, 8:31 am

2 Answers from Attorneys
Latangie Williams Law Office of Latangie Williams, P.A.

You should consult with an immigration attorney as there are options available to you. Please contact my office at 1-800-408-5818 at your earliest convenience.

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Answered on 2/15/11, 8:46 am
Seeta Nangia Law Offices of Seeta Nangia

There are a few options available to your boyfriend. If you get married, he may adjust his status (obtain a green card) while staying in the United States if he is 245i eligible. He would be 245i eligible if an immigrant petition was filed for him before April 30, 2001. If he is not 245i eligible, he would have to obtain an immigrant visa through the U.S. Consulate abroad with a waiver. The waiver would have to demonstrate that his U.S. Citizen/Lawful permanent resident spouse or parent would suffer extreme hardship if he is prevented from coming back to the United States.

You and your boyfriend should have a full consultation with an immigration attorney. Please feel free to contact me as I am able to work with individuals across the country.

Seeta L. Nangia, Esq.

Law Offices of Seeta Nangia

Exclusively Practicing Immigration Law

Phone: (415) 273-9123

Email: [email protected]

Website: www.nangialaw.com

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Answered on 2/15/11, 9:41 am


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