Will applying for marriage put my boyfriend at risk for deportation?

Hello,
I've been in a relationship with my boyfriend for almost 2 years. He is undocumented. His parents brought him here at age 5, filed petitions for his residency, but due to one reason or another the petitions did not go through (9/11 security, change from homeland security to ICE, etc). He is now 37 years old. He is too old for DACA (which is probably going away anyway). He didn't ask to be brought here but he was by his family, who have all remained here (one by one obtaining their papers). Now he is the last one of the family here where the president and 50% of the population makes it very clear he's not welcome. He has been a major contributor to society during his adult life and knows no life other than the one he has lived in the United States. We love each other truly, and have discussed marriage, but I fear the application will put him at risk for deportation. During the Trump administration every day brings new boundaries for us. I want to help but I don't know where to begin, and would never be able to live with myself if he became deported because ICE could find him from a marriage license application / marriage visa application. Thank you for reading, if you have any suggestions I would love to hear them.

sue jane said:

His parents brought him here at age 5, filed petitions for his residency, but due to one reason or another the petitions did not go through (9/11 security, change from homeland security to ICE, etc). He is now 37 years old.

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If he's 37, that means he came to the U.S. in 1986 and became an adult in 1999. 9/11 was over 16 years ago, and I'm not really sure what you mean by "change from homeland security to ICE," but that's an awful lot of time that he's had to get his legal status in order and some pretty thin excuses for not doing so.

sue jane said:

We . . . have discussed marriage, but I fear the application will put him at risk for deportation.

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Is this just a random, baseless fear or is there some reason you fear this? In other words, why do you think that seeking a marriage license (something which is done at the local level) will create a risk when other things, such as filing income tax returns (something that any "major contributor to society" does), apparently have not caused any difficulties? By the way, what country is your boyfriend from?

sue jane said:

I want to help but I don't know where to begin

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How about the office of an immigration attorney?

sue jane said:

ICE could find him from a marriage license application

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Why do you think this is the case? Do marriage license applications in your unidentified state ask questions about citizenship and legal status in the U.S.?

There have been numerous opportunities for the undocumented to gain a pathway to citizenship over the last few decades why ha she not used any? In addition if undocumented is he working? does he pay taxes? does he have a valid SS card? Its not hard. Here is example on how a man with a 3rd grade education not only gained citizenship but work and supported his family his entire life Legal immigration (it works) - Parent Nook Forums

sue jane said:

Hello,
I've been in a relationship with my boyfriend for almost 2 years. He is undocumented. His parents brought him here at age 5, filed petitions for his residency, but due to one reason or another the petitions did not go through (9/11 security, change from homeland security to ICE, etc). He is now 37 years old. He is too old for DACA (which is probably going away anyway). He didn't ask to be brought here but he was by his family, who have all remained here (one by one obtaining their papers). Now he is the last one of the family here where the president and 50% of the population makes it very clear he's not welcome. He has been a major contributor to society during his adult life and knows no life other than the one he has lived in the United States. We love each other truly, and have discussed marriage, but I fear the application will put him at risk for deportation. During the Trump administration every day brings new boundaries for us. I want to help but I don't know where to begin, and would never be able to live with myself if he became deported because ICE could find him from a marriage license application / marriage visa application. Thank you for reading, if you have any suggestions I would love to hear them.

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You and your beloved are free to emigrate legally to other countries where neither of you need to live in fear.

Why not discuss your options?

There are over 120 civilized nations on this planet, the US is but one of many.

shrinkmaster said:

There have been numerous opportunities for the undocumented to gain a pathway to citizenship over the last few decades why ha she not used any? In addition if undocumented is he working? does he pay taxes? does he have a valid SS card? Its not hard. Here is example on how a man with a 3rd grade education not only gained citizenship but work and supported his family his entire life Legal immigration (it works) - Parent Nook Forums

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The story of someone who was granted immigration status based on some factor (work, asylum, lottery, family sponsorship) is worlds away different than that of someone who was brought here as a child without a visa or legal immigrant status. Contrary to popular belief, there isn't a path, aside from DACA, for these kids to obtain citizenship. Even getting a work visa or having a non-spouse family member sponsor them is difficult to impossible. NAFTA makes it slightly easier to get a TN work visa, assuming one works in certain fields, has a willing employer, and holds a valid Mexican passport. It is still temporary is does not lead to immigrant status. Even for those brought here entirely legally, and without any administrative issues, it takes better than a decade to actually obtain citizenship. For one kid I know it took 13 years and thousands of dollars.

Even if you were to marry, actual citizenship would be years away. Getting a green card takes much less time and expense. Usually. This is not legal advise but nothing says you have to marry in the US in order for the marriage to be recognized as legal for immigration purposes. I would never, ever advise marrying just so someone can obtain "legal" status. I would strongly advise you to discuss your situation with an immigration attorney.