Legal Question in Immigration Law in New York

immigration ...marriage

my boyfriend has been here since 2000 weve been engaged since 2006 does he have to leave the country to get his papers(when we get married) even if hes been paying taxes for four years? btw i am an american citizen and hes mexican and he didnt come here with a visa.


Asked on 4/06/08, 2:16 am

1 Answer from Attorneys

Michael Cho Law Offices of Michael Cho

Re: immigration ...marriage

Unless he qualifies under 245(i), a special provision of the law whereby a previous petition or labor certification application was filed for him in the past, he would have to consular process through Ciudad Juarez to gain his permanent residence through you.

He'll also need to apply for a waiver of the 10 year bar he's likely subject to.

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Answered on 4/06/08, 2:58 am


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