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my fiance and I have lived together a year. He came here…

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my fiance and I have...
my fiance and I have lived together a year. He came here legally from India on a Student Visa and let it expire. He has been here 16 yrs., Now 3 months ago we were supposed to get married but got into an argument and he pushed me and kept me from calling the police, so although I did call the police and filed charges but later regretted it and dropped charges, the State of Missouri went ahead and charged him and he is serving 6 mos. and is in jail now but will be have to deal with immigration when his time is up. They charged him with a felony and we want approval from Homeland Security to get married while he is in jail. But how do we get approval. I tried calling for 2 days and can't get the correct people to deal with.
Submitted: 8 years ago.Category: Immigration Law
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6/28/2010
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 8 years ago
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,881
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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This is a deportable offense. He only has three options:

 

1) Get a full and unconditional governor's or U.S. Presidential pardon.

 

2) Hire a VERY good criminal attorney to look into the possibility of reopening his criminal case because something was done incorrectly at the criminal level. If the case can be reopened, then the conviction needs to be vacated (set aside) and then he would need an agreement from the prosecutor not to prosecute him again (which they can do). You can try looking for an attorney at www.ailalawyer.com.

 

3) Convince the majority of the U.S. Congress to change the law or to make a law of special application only for him called a Private Bill.

 

 

These options essentially would eliminate the conviction so that Immigration cannot use it against him to deport him. Unfortunately, sealing or expunging the conviction does not work.

 

I am truly sorry, but he has a tough battle ahead of him and there is no forgiveness in U.S. Immigration law for this crime.

Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,881
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Customer reply replied 8 years ago
You did nlot answer my question. I asked you how to get approval from Homeland Security to get married while he is in jail?
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 8 years ago

It depends on the prison, but as an inmate he should be able to make a petition to marry you. Here is a link with additional information:

 

http://marriage.about.com/cs/prisonmarriage/ht/prisonmarriage.htm

 

Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,881
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Guillermo Senmartin and 87 other Immigration Law Specialists are ready to help you
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Customer reply replied 8 years ago

The jails don't allow marriages. You have to get approval from Homeland Security probably through an application. That is what I am asking you, how to do this. I looked at the forms for applications on Homeland Security but the one for marriage was not listed, and I can't seem to reach the right department through a phone call. I would like to have the right phone number, too.

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