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Immigration Issues/marry illegal immigrant with arrest record

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Question
Hello.  I am a U.S. citizen and my boyfriend and I want to marry.  He is a Mexican citizen and is in the U.S. illegally.  He was incarcerated for driving without a license and without headlights while here in the U.S.  How can we marry?  Can we marry in the U.S. or does he have to return to Mexico and then I apply for a fiance visa?  Can he somehow return to Mexico without being penalized?  What can we do since there is a record of him having been in the U.S. while he had no visa?  I am very thankful for your time and help.

Answer
Lucia,
Your boyfriend's illegal status will prevent him from obtaining any immigration benefits at this time. If he returns to Mexico he will be most probably unable to enter for 10 years. You would need to consult with an immigration attorney to check if he is eligible under any exceptions such as under 245i or anyother provision.

Sincerely,
Ramasamy Krishnan
www.ashleykrishnan.com

Immigration Issues

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Ramasamy Krishnan

Expertise

Immigration particularly business immigration and National Interest Waivers.

Experience

I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan, www.ashleykrishnan.com

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