Marriage to Illegal Immigrant

[JmeMN 0]

I have children with an illegal immigrant. He came here illegally. I didn’t know 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, has 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. He has an attorney. I want to marry him because I love him.

 

I have 3 questions that I hope people can answer. 

 

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? 

[Boiler 45,735]

Well all other things being equal he should be able to immigrate. Most do in these sort of circumstances.

 

Have to interview in Mexico, lots of paperwork, probably an interview involving you.

 

2 years maybe to become a Permanent Resent and then another 4 ish to become a US citizen.

[HRQX 4,145]

17 minutes ago, Boiler said:

Have to interview in Mexico, lots of paperwork, probably an interview involving you.

Then the question is how much time he would spend in Mexico (since OP mentioned pending EOIR proceedings)? Provisional waiver process would have certain caveats: https://www.uscis.gov/family/family-of-us-citizens/provisional-unlawful-presence-waivers

Quote

If you believe that you may be eligible for a provisional unlawful presence waiver but your removal proceedings have not been administratively closed, you or your legal representative should contact the immigration court in which your removal proceedings are pending (or the Board of Immigration Appeals) to obtain information about how you can request administratively closure of your removal proceedings. Once your removal proceedings are administratively closed, you can apply for a provisional unlawful presence waiver by filing Form I-601A. You must submit a copy of the immigration judge’s (or the Board of Immigration Appeals’) administrative closure order with your Form I-601A.

 

The other, but very rare, path is Cancellation of Removal. It can be difficult to win a non-LPR cancellation case because of the “exceptional and extremely unusual” hardship requirement. Also OP hasn't shared how much time he has spent in the US.

Edited December 31, 2020 by HRQX

[Boiler 45,735]

Wonder how he is getting a work permit?

 

Anyway he has a lawyer.