Legal Question in Immigration Law in Texas

My boyfriend was brought over here illegally by his parents when he was eight years old. He is now 25 and wants to become a citizen. Is this possible? If we got married would that help speed up the process?


Asked on 9/15/09, 10:30 pm

1 Answer from Attorneys

Luba Smal Smal Immigration Law Office

No, he is not eligible for USA citizenship. Since the time he was brought into the USA illegally at age 8, he's been an "illegal" or "undocumented" alien.

Assuming that no one ever had filed an immigrant petition for him or his parents.

If you decide to marry him, he will have to leave the USA and go to his native country to apply for a visa AND a waiver of inadmissibility. As soon as he departs the US, he becomes inadmissible for 10 years. Only if a hardship waive is approved, a visa can be approved as well.

You will definitely need assistance of a qualified and licensed immigration attorney (not a "notario" or "consultant").

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Answered on 9/21/09, 12:29 am


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