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Ely
Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 85127
Experience:  Private practice in several areas, including immigration
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I am dating someone that is an illegal immigrant they have

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I am dating someone that is an illegal immigrant they have been in the US since the age of 3 they are now 40. We are wanting to get married but I believe that because they have a charge or disorderly conduct, public drunkenness, and small about of grass been on probation that will stop them from becoming legal even if we get married. Is this correct?
Submitted: 5 months ago.
Category: Immigration Law
Expert:  Ely replied 5 months ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

That is not correct. Someone who has a criminal record and/is on probation may still be married. There is no restriction on marriage due to criminal record. Someone may get married provided they have a lawful ID (US or not). So if they have a valid ID, then they can be issued a marriage license. If their identifying documents are printed in a language other than English, they would need to hire a notary to type a certified translation.

In addition, one's immigration status does not prevent one from being married in Georgia, out of status or not.

As such, you can get married.

However, if he is on probation, he would have to check with his PO (probation officer) to make sure that there is no restriction in his probation for cohabitation, etc. There should generally not be.

See here for more.

I hope this helps and clarifies. Good luck.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 5 months ago.


I am wanting him to be legal and with those charges wont that stop the process? As I had stated before he has been locked up before, on probation before but no deportation order. I know we can marry but I would like to know can he become legal if we do and follow the necessary paper work and process to change status from illegal to legal?

Expert:  Ely replied 5 months ago.
M,

Okay, we are switching gears now. Your original question was about your ability to marry. Now we are talking about adjusting his status.

Did he come over on a visa and overstayed or was brought over undocumented?
Customer: replied 5 months ago.
Relist: Other.
I feel he really did not read the question very well.
Customer: replied 5 months ago.


As I had stated before he been here illegally since the age of 3. In my 1s post I said "We are wanting to get married but I believe that because they have a charge or disorderly conduct, public drunkenness, and small about of grass been on probation that will stop them from becoming legal even if we get married. Is this correct?" Not sure if I stated this correctly to be understood, but I goal is for him to be legal if we do marry. Not sure if I want it to occur if he cant become legal.

Expert:  Ely replied 5 months ago.
Marie,

I believe I may have misread your question. I read it as though you were asking if you could marry. My apologies.

I would still be happy to answer your question re: legal status if you would like.

Or at your preference I can opt out and open this up for someone else. Which would you prefer?
Customer: replied 5 months ago.


Ely


 


 


Not a problem if you can answer that would be great!

Expert:  Ely replied 5 months ago.
Marie,

You got it. Now, one more thing - bear with me. I need to know whether or not he came here lawfully on a via at 3 but simply overstayed OR crossed illegally?

This makes a big difference here. Do you know this? Or, can you ask him and get back to me?

I am guessing he crossed illegally, but I do not want to assume anything here so I need this information.
Customer: replied 5 months ago.


yes your assumption is correct his parents crossed illegally with him. So that is correct he was brought over illegally.

Expert:  Ely replied 5 months ago.
Thank you, Marie.

Making Him "Legal"
When someone gets married, they can normally adjust their status to a greencard based on marriage to a US citizen via an I-130/I-485 package. See here for the forms and a step by step guide on how to do so.

His Criminal Past
His criminal past and the fact that he is here illegally hurts his chances at being adjusted successfully, but this may be overcome by filing an I-601a - a waiver for just this - here. This is filed for the adjustment process. The good news is that this is doable. In a report released by USCIS in 2010, the success range varied from 35% to 85%. So this is entirely doable.

If he is approved, he would have to exit and re-enter with a greencard, and then be legal.

This is a very nuanced matter. An attorney is highly recommended to help you along the way. Let me know if you need help finding pro bono/low cost attorneys in your area.

Good luck!

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 85127
Experience: Private practice in several areas, including immigration
Ely and 3 other Immigration Law Specialists are ready to help you
Customer: replied 5 months ago.

Ely,


My last question regarding this is, I heard that if we do marry that the new law states that we could petition for him to stay if we show that him leaving would cause undo harm to the family. Would that still be an option for us? Also to be sure the crimes that he was arrested for will not stop him from obtaining legal status if we are married? Yes could you please refer me to lawyers to help us in our area.


 


Thank you!

Expert:  Ely replied 5 months ago.
My last question regarding this is,

Please ask as much as you need to for this is why I am here.

I heard that if we do marry that the new law states that we could petition for him to stay if we show that him leaving would cause undo harm to the family.

You are talking about seeking asylum (not possible because it only is possible to apply within a year of being here) OR showing that his leaving would harm a US Citizen (this bar is very hard to reach, and simply being married will not do this, even having a child will not).

Would that still be an option for us?

At the way that the laws are currently, likely now.

Also to be sure the crimes that he was arrested for will not stop him from obtaining legal status if we are married?

If the I-601a waiver is granted, then no.

Yes could you please refer me to lawyers to help us in our area.

PAY
May I recommend the GA Bar referral programs - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

PRO BONO / LOW COST
I can recommend three resources. First, here is a list of all pro bono work in the state...

http://www.abanet.org/legalservices/probono/directory/georgia.html

…and another list:

http://www.lawhelp.org

Also, you may call your local law school and see if they have a legal clinic place available. The legal clinic is a free service the school(s) provide to the community. While they are often overbooked, they have openings sometimes. Here is the list law schools in your state:

http://www.hg.org/law-schools-georgia.asp

Finally, see here as well:

http://www.justice.gov/eoir/probono/freelglchtGA.pdf

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