Legal Question in Immigration Law in New York

He will have to go back to Ecuador apply for a visa. He is not eligible to stay in USA and apply for adjustment of status because he came to USA illegally 5 years ago.

In addition to a visa, he will need to apply for a hardship waiver, which is never guaranteed to be granted (to ask to forgive his illegal entry and unlawful presence).

You should talk to a qualified immigration attorney BEFORE you marry and file any applications with the USCIS.

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Depends on what exactly you mean by entering illegally. If he just crossed the boarder, then he will have to go back, and he will have to apply from his country if he marries you (providing that you are a U.S. Citizen).

You should contact a lawyer who can thoroughly review details of your case and then to determine what the best course of action is.

Should you need further assistance or have any questions, you can contact our firm.

I would need more information regarding your particular case before I can comment on it properly.

However, I would like to know are you a US citizen or a Green Card holder? You did not state your status, but this is what is used to determine what steps to take.

Also do you have any children with your boyfriend?

Patricia Martin-Gibbons