Legal Question in Immigration Law in Texas

In Love but are we being punished?

I am currently engaged to an ILLEGAL Alien- he came from Mexico at a very young age and lived in the U.S. practicly his entire life- We wish to get married and get our lives settled, we have an understanding that there will be a penalty fee of $1000 for illegally crossing, BUT what we don't understand is that we keep getting word that we will have to be separated for about a year!!! Is it true that he will have to leave all that we've worked for behind because we choose to take our relationship under oath and God? Is there a new law stating that illegal immigrates after paying a heavy fine still have to go back to Mexico and leave their so much thought of wonderful new life behind?!Does it vary from state to state? Your immediate response will be very appreciated!!! Thank You.


Asked on 12/01/04, 2:42 am

1 Answer from Attorneys
Jacob Sapochnick

Re: In Love but are we being punished?

Hi and thanks for the message.

The law relating to illegal aliens are rather complex as the rules differ on when the alien entered the country and whether he is protected by some older legislation.

The way things stand today, an illegal alien (one that entered without inspection) can not adjust in the United States even if he marries a US Citizen. Section 245i allows such illegal alient to pay a fine of $1000 and adjust.

The problem is that section 245i is not in effect today unless such alient was present in the US in 2000 and filed for immigration benefits beofore or at that time. All other aliens will need to leave the US at the time of the interview and face the Consular officer outside the United States.

That is the picture in general, we will need to evaluate his case specifically to determine what options he might have and plan it with up coming new legislation.

Feel free to email me at [email protected] or call 619 819 92 04 to discuss this further.

Jacob

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Answered on 12/01/04, 1:20 pm


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