Legal Question in Immigration Law in New York

Hi, I am a U.S citizen and I am engaged to my illegal fiance. We've been together for over a year. He was here since 2003, and in 2006 he had a daughter here in theU.S. To avoid any fines or having the hassle of doing this long process here, we were thinking of going to his native country and marrying there and request his residency to avoid any penalty. A close friend of ours did that and immediatly had his wife come in the U.S legally in 6 months. The only problem that we don't know is his daughter. She is currently 3 years old and is living in California with her mother. We both live in New York. Would his daughter affect his process of getting his papers? If so, would it be better to start his paperwork for his residency here?


Asked on 5/19/10, 1:38 pm

2 Answers from Attorneys
Luba Smal Smal Immigration Law Office

The other problem that you haven't thought about is that when he departs the United States and goes to his native country to apply for a visa, he will become inadmissible for 10 years.

Why do you think his US citizen daughter can affect an immigration process? Please clarify.

You need to consult a knowledgeable attorney and fully discuss his situation and possible eligibility to adjust status or obtain a green card through consular processing.

I offer confidential telephone or email legal consultations and assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally. If you�d like to schedule a telephone or email legal consultation, need legal advice or help, please let me know and I�d be glad to help you. Please email at Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . Office Telephone line is 1-402-210-2040 (please EMAIL to schedule a consultation).

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Answered on 5/24/10, 3:30 pm
Rachel Baskin Rachel Baskin, Attorney at Law

The previous reply is correct. If your spouse has overstayed more than 1 year, and then departs, he will not be allowed to re-enter the US for 10 years without a waiver. In fact, in New York, these cases are processing fairly quickly. Generally, it takes about 4-6 months to be scheduled for an interview at the USCIS. With respect to his daughter, he would have to indicate that he is her father, but applying while in the US, if he is eligible, should have no other affect on their relationship. Prior to filing any application with USCIS, I would recommend that you speak with an immigration attorney to determine if your spouse is eligible to apply for his permanent residence (green card) while in the US.

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Answered on 5/25/10, 10:36 am


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