Legal Question in Immigration Law in Tennessee

Re: Marrying an illegal

Whether your boyfriend can apply for residency based upon marriage to a US citizen will depend on many factors, such his manner of entry in the USA (i.e. lawful, unlawful, fake documents, etc.) Depending on the manner of entry, he may or may not be eligible for adjustment of status. He may also require a "waiver" of any unlawful presence in the United States along with his application for permanent residency.

I hope this information helps. Should you wish to discuss your boyfriend's situation in further detail, feel free to contact our office. You should also visit our firm's website for more information.

Thank you!

Re: Marrying an illegal

If he entered the US illegally (e.g. through the US-Mexico border), then it's possible he may need a waiver as part of his application for lawful permanent residency.

You may find more information here:

http://www.msclaw.com/immigration-waivers.html

Re: Marrying an illegal

It is not clear from your post what you mean when you say that your boyfriend is illegal. Did he enter with a visa and overstay? Or did he cross the border with out a visa? Both you and your boyfriend should speak with an immigration attorney to determine his eligibility to receive permanent residence while in the US once you are married. An attorney will need to know his immigration history, his family's immigration history and his criminal history.

Please note that content of this reply does not constitute legal advice or create an Attorney/Client relationship in the absence of an agreement for legal services/retainer with my office. This is just a place to start in deciding what to ask your lawyer.