Legal Question in Immigration Law in Massachusetts

Marrying an illeagal alien

My boyfriend of 2 years has proposed to me and we would like nothing more than to start out family together. However, he entered the country illeagally from Brazil 6 years ago. He has a valid passport and that is about it. We would really like to elope with a few friends on vacation sometime very soon so that we can start our family. He has never been in any sort of trouble here and we would appreciate any advice you may have.

Please dont tell me that he must go back to Brazil for a period of time because I simply cannot live without him or his support here in the states.

Thank you very much.


Asked on 10/19/07, 10:04 pm

1 Answer from Attorneys
Michael Cho Law Offices of Michael Cho

Re: Marrying an illeagal alien

Your boyfriend may be eligible for a I-601 waiver of his illegal presence in the U.S. after he marries you (presumably a U.S. citizen) in conjunction with his petition for lawful permanent residence in the U.S.

Waivers are based on proof of extreme hardship to the U.S. citizen (you) assuming he was forced to return to Brazil.

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Answered on 10/20/07, 1:43 am


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