Legal Question in Immigration Law in Massachusetts

Father of my son illegal immigrant. Marriage?

I am an American citizen, but my boyfriend entered the county illegally 5 years ago from El Salvador. We have a 2 year old son together and we want to get married. Is there any way that he could get some legal status by our marriage, through our son, or otherwise? What are his options without returning to his homeland?


Asked on 2/25/09, 9:37 pm

2 Answers from Attorneys

Michael Cho Law Offices of Michael Cho

Re: Father of my son illegal immigrant. Marriage?

It may require leaving the country at some point and applying for his legal re-entry in conjunction with a waiver application.

You may find comprehensive information on the process here:

http://www.msclaw.com/i-601-unlawful-presence-waiver.html

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Answered on 2/26/09, 4:28 am
Rebecca White Law Office of Rebecca White

Re: Father of my son illegal immigrant. Marriage?

At this time if he did not enter legally he can't adjust to a greencard based upon marriage from within the US. I would say that if you wish to marry you may as well do so, but know that immigration benefits may be slow in coming. If you have further questions please email my office to set a time to talk.

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Answered on 2/26/09, 12:15 pm


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