Legal Question in Immigration Law in Virginia

My boyfriend illegally enter the United States when he was 17 years old back in June 2005. He had to go thru immigration and was held at a holding cell. He was given a court date to attend. When he went to court the Judge told him to find someone that he knew who was a U.S. citizen that can process paper work to adopt him. He did find one of his uncle's friend who agreed to do the paper work, and he was able to be release from the holding cell that he was staying in. Later, he was given two court dates to attend and had to attend court with the women who wanted to adopt him; but she didn't go with him because she changed her mind and didn't want to go thru with the adoption process. Since 2005, he stayed in the United States illegally, and he recently voluntary went back to his country on December 201 because he misses his family. I have been dating my boyfriend who I love very much since October 2008. My question is since he was once illegal and had to go thru the immigration services when he entered the United States illegally, would it be hard for me to marry him and process paper work for him to be a citizen? Thanks in advance for the help!


Asked on 1/02/11, 12:51 pm

2 Answers from Attorneys
Luba Smal Smal Immigration Law Office

Yes, it would be possible but very difficult because of a 10-year ban and other possible issues.

What happened in the immigration court? Was he ordered deported, removed, granted any status or relief?

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Answered on 1/07/11, 1:47 pm
Amy Long Amy Long, Esq.

I am assuming that your boyfriend was given a final order of removal? Under no circumstances should he attempt to re-enter illegally. If he has a final order of removal and was removed (or left voluntarily) and attempts to re-enter he is subject to a mandatory 10 year bar that must be served outside the Unites States. Any petition for him even if accompanied with an application for a waiver/exception will not be granted until the 10 years have passed. He could also face criminal sanctions for the subsequent unlawful re-entry.

It sounds like he doesn't have any criminal convictions, which would change my analysis.

Someone who is engaged to marry a foreign national would normally apply for the K-1 visa, but you would need to consult with an immigration attorney who can fully analyze whether your boyfriend would need any waivers and his eligibility for them.

Regards,

Amy Long

[email protected]

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Answered on 1/07/11, 1:51 pm


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