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immigrant

Discussion in 'Family Immigration, Fiancee & Marriage Visa' started by rkb7991, Feb 4, 2017.

  1. rkb7991

    rkb7991 Law Topic Starter New Member

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    I'm pregnant with my immigrant Mexican boyfriends child. He came here legally on a work visa but it's been expired for two years. He still has the social security card he was given with the work visa but doesn't ever use it on anything. I've heard that because he came here legally it makes it easier for him to become legal but I was hoping someone could explain to me why that is. I see myself marrying this man some day and I want my family to keep growing. I know it's not going to be easy but I have to try. Any kind of information is helpful.
     
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    I'm not sure how overstaying somehow makes it easier for him to become a citizen. Are you a citizen? You talk about possibly marrying the father of the child it seems you intend to carry to term - but at this time you're not sure? What type of work visa did your boyfriend have? It is possible that if you get married he can file for an adjustment of status (green card.) You may want to have a legal consultation with an immigration attorney who can provide you with a legal opinion after being able to ask questions and get important answers as to the facts and details.
     
  3. rkb7991

    rkb7991 Law Topic Starter New Member

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    Thank you. He came on a six month work visa. I do plan on having this child. What people have told me is that because be came here legally instead of completely illegally he would not have to go back to mexico for ten years if he's approved for a waiver.
     
  4. ElleMD

    ElleMD Well-Known Member

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    If he came here on a work visa and while that visa was still valid he started the process to obtain legal residence/citizenship, it would be easier. Now that he is undocumented, it does not matter that he was once documented.

    I take it he is not working now? If he finds an employer willing to sponsor him for a visa, that makes it easier. If he is a Mexican citizen, NAFTA does make it easier for him to qualify for a work visa.
     
  5. mightymoose

    mightymoose Moderator

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    With the current political climate I would encourage him to look into resolving this immediately. Overstaying the visa is not a serious crime, but it could potentially result in at least a temporary deportation until he can return legally.
    Although he initially entered the US legally, by remaining after the visa expired he would be considered an illegal immigrant, especially after 2 years. The good news is that he is extremely low on the radar and virtually nobody is looking for people in this category.
    You should speak with an immigration attorney and find out how to approach this. Marriage may be a solution, but there could be some loose ends with the expired visa.
     
  6. mightymoose

    mightymoose Moderator

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    NAFTA could be gone tomorrow.
    They need to move on this quickly as any process will take time.
     
    army judge likes this.
  7. rkb7991

    rkb7991 Law Topic Starter New Member

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    Thank you everybody but It doesn't matter now. He disappeared in the middle of the night in January and is now in North Carolina. I haven't seen him since. We do talk once a week where he insists that he's coming back to Wisconsin but I am not trusting anything he says nor am I holding my breath. I guess now my new question is since a relationship is completely out of the picture, is there anything I can do that makes him have to pay child support? I dont want him to get deported but would going to the courts do anything? Or am I pretty much stuck with not being able to do that since he is illegal?
     
  8. mightymoose

    mightymoose Moderator

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    You can certainly try to get a support order but there will be difficulties in actually getting the payments.
     

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