My fiance is being here undocumented for six years. As we are going to get married do he have any chance of getting his residency and how soon can i pettision
State/Country relating to question: Florida
calling one immigration layer that told me it will be dificult if not impossible but did not say why
Hello! And thank you for your question! While we are working together, I also may be working with other customers, so you may experience delays. Please be patient as we work through this process - your questions WILL be answered in the order they are received.Also, Experts and Professionals do not get credit for helping you unless you rate them. During this process, I might provide an answer, but you may require clarifications or have follow-up questions. If you do, please do not rate my response. Instead, please click "REPLY" or "CONTINUE CONVERSATION" to ask your follow up questions.Please remember that the ratings are based on my EFFORTS to help you, not on the outcome of your question. I cannot control the outcomes, as I do not make the law. So please do not rate the outcome of your question.Again, please remember that a rating is the only way we get credit for working with you, so this is a very important aspect of this service and our interaction.Please answer ALL of the following:1. Do you understand the Just Answer ratings system?2. Do you understand what Just Answer ratings are based on?3. I know he is illegal now, but did he enter the US legally or illegally?Longhorn Lawyer41086.8727258912
He entered this country illigally in 2006
Again, please answer ALL of the questions I've posed.
3 My fiance entered the us illigally from hounduras in 2006
Thank you for the information. In this situation, a US citizen spouse can petition for their alien spouse, and the petition may even be approved. But the spouse who entered the US illegally will not be permitted to adjust their status from within the US. First, the US citizen will file the I-130, Petition for Alien Relative. If it is approved, then the immigrant would have to exit the US and process their immigrant visa (CR-1/IR-1) through US embassy or consulate abroad.This application likely will be denied, because of the immigrant's inadmissibility based on their illegal entry and unlawful presence in the US. Any alien who is 18.5 years old and has been in the US unlawfully for 180 days or more, is subject to a 3 year ban from entering the US. If it has been 1 year or more, they are subject to at least a 10 year ban. To overcome this, they would have to wait the time and then apply to come into the US, or they would have to submit a request for an I-601 waiver in order to re-enter sooner.In that case, when the immigrant goes to the US consulate in their home country, they should take form I-601, Application for Waiver of Grounds of Inadmissibility. These are difficult to get approved because the immigrant must show that a qualified US citizen immediate relative will experience "extreme hardship" if they are not permitted to reenter the US; or in the alternative, the hardship the US citizen will endure if the US citizen(s) have to go to their home country in order for the family to be together. It is for this reason that most people do not return to their home countries to process their legal status.Here is good information on the I-601 Waiver: http://www.ilw.com/articles/2007,0717-scott.shtm. It gives great guidance on the "extreme hardship" requirement.I'm very sorry. I know this probably is not the news you wanted to hear, but it is the reality right now. At this point, this is their only legal option. Please remember that I do not write the law, so please don't give me a low rating just because you do not like the result.I hope I have answered your question. Please remember to rate my efforts (and not the outcome), so that I get credit for working with you. If you require clarification or follow-up questions, please do not give a rating. Instead, please click "REPLY TO EXPERT" or "CONTINUE CONVERSATION."Also consider leaving a BONUS - it is much appreciated.Finally, if you have any future immigration or TSA related questions, put "TO LONGHORN LAWYER" in the subject line or the beginning of the question, or go directly to my profile to ask your questions: http://www.justanswer.com/law/expert-longhornlawyerThank you!
Experienced in all aspects of immigration and nationality law.
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