Legal Question in Immigration Law in South Carolina
Hi i am 17 years old. i am a us citizen. i have been with my fiance for 4 1/2 years now. he is a ilegal, he came from mexico about 6 years ago. we have a 1year old daughter and another baby on the way. we would like to know the first steps we should take to try to make him legal for his daughter and family, and also what are the chances of him becoming legal since he has entered the us illegally? he is 21 years old. any help will be greatly appreciated! thanks so much!
1 Answer from Attorneys
If your fiance entered the country without inspection, he will have to apply for his green card at the U.S. Consulate in Mexico with a waiver of his unlawful presence. The waiver will have to demonstrate that his U.S. Citizen/LPR spouse or U.S. Citizen/LPR parent would suffer extreme hardship if he were not able to return to the U.S. These cases are very fact-specific and you should speak to an immigration attorney to determine whether he has a strong case. If he is denied a green card he would be barred from reentering the U.S. for 10 years, so it is important to file a strong waiver.
Another option that may be available to him is adjustment of status under 245i. If a petition was filed on his behalf before April 30, 2001, he may be 245i eligible and able to apply for a green card while staying in the U.S.
Please feel free to contact me to discuss this matter further.
Seeta L. Nangia, Esq.
Law Offices of Seeta Nangia
Exclusively Practicing Immigration Law
Phone: (415) 273-9123
Email: [email protected]
Website: www.nangialaw.com
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