Marrying an Illegal Immigrant (merged)

[Jay4MN 0]

I have children with an illegal immigrant. I didn't know about his immigration status until I was pregnant with our first child. After we had children he got caught up with ICE. He is facing deportation. He has no criminal record. He worked hard, had an ITIN, and filed taxes before dealing with ICE. He is now waiting for a work permit. He has an immigration court hearing next year. I want to marry him because I love him.

 

I have 3 questions...

 

1. Will marrying him help him stay in America, like % wise how much?

2. Once I marry him....will he just stay here or have to go back to Mexico for some time, are there lots of paperwork for me to do, are there a lot of interviews involving me?

3. Will this immigration process and him potentially becoming a U.S. citizen take years or how long approximately? 

Edited December 30, 2020 by Jay4MN

[mushroomspore 3,044]

4 minutes ago, Jay4MN said:

I have children with an illegal immigrant. I didn't know about his immigration status until I was pregnant with our first child. After we had children he got caught up with ICE. He is facing deportation. He has no criminal record. He worked hard, had an ITIN, and filed taxes before dealing with ICE. He is now waiting for a work permit. He has a immigration court hearing next year. I want to marry him because I love him.

 

1. Will marrying him help him stay in America, like % wise how much?

2. Once I marry him....will he just stay here or have to go back to Mexico for some time, are there lots of paperwork for me to do, are there a lot of interviews involving me?

Get a lawyer.

 

It also depends what "illegal" really means. The specific details of their situation and history will determine what options are or are not available to them. Cases involving illegal and/or undocumented immigrants are not do-it-yourself. Most lawyers give free consultations.

[Mike E 11,739]

I recommend finding a competent immigration attorney. 
 

The short answer is if he entered the USA legally (IOW he did entered  through a border check point) and is an illegal alien because he over stayed, then it is likely he can adjust status to a lawful permanent resident (green card holder) if in a bonafide marriage with a US citizen.  He would not have to leave the USA (and indeed that would be a bad idea). As soon as you marry, you would file to adjust his status.  That filing would give him an authorized presence.  He would be a legal alien.   
 

If he entered the USA illegally then it is likely (but not impossible) he can adjust status through marriage.  

Edited December 30, 2020 by Mike E

[Verrou 1,962]

if he came from mexico from the border and not using any paperwork ( undocumented) , he cant adjust the status since there's nothing to adjust with

and if he came here with document, means he's overstay, i believed he can do adjustment of status

[millefleur 5,046]

**Similar threads merged and one duplicate removed. Please do not start multiple threads on the same topic as it is considered spamming.**

 

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Edited December 30, 2020 by millefleur

[Crazy Cat 41,846]

****Duplicate thread removed.....Please don't start multiple threads....*****

[Crazy Cat 41,846]

****and two more duplicate threads removed....Please stop****

Edited December 30, 2020 by Lucky Cat

[TBoneTX 45,288]

Jay4MN, if we become aware of one more duplicate post on this topic, your account will be suspended.

 

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[Ontarkie 14,221]

With a deportation order already in process this has became much more work. This is not a diy case you need to speak to a lawyer familiar with deportation not just adjusting his status. 

[TBoneTX 45,288]

This and all other posts on this topic are locked and are not to be restarted or revisited in any manner.

OP established a new account (now banned) for purpose of evading Mod instruction about spamming.

Severe administrative action is applied.

 

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