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The father of my child is illegal immigrant; how can I make him legal? Overstay, Illegal Status

Discussion in 'Immigration Issues' started by Olly, May 27, 2010.

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  1. Olly

    Olly Law Topic Starter New Member

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    My boyfriend and I have been together for 8 months, and I am currently pregnant with his baby. He is an illegal immigrant from Mexico and has been in the United States for 10 years(since he was 15). I want him to become legal here so we can get married and not have to worry so much about him being deported.

    I have a lot of questions, and a friend directed me here, so I hope someone can answer them.

    1) Can he become a legal immigrant without leaving the country for a long period of time? I realize he will have to leave, but I don't want him gone for a year+
    2) Should I claim him as the father on the birth certificate since he was here illegally when I got pregnant?
    3)Should I not claim him as father on the birth certificate, go to Mexico after the baby is born, claim we met there after the child was born, and file for him then? Then he could just file for adoption of our child even though it is his?
    4) Approximately how much does it cost to file all the forms for his citizenship if I file for a fiance visa?

    Thanks and any extra advice would be helpful.
     
  2. Proserpina

    Proserpina Moderator

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    1. Depends on whether he entered legally or not. If he did, you can adjust status by marrying him. Though of course you wouldn't get married just for that reason, would you?

    2. His status has nothing to do with the birth certificate. Add him - with his permission of course - or don't.

    3. That would be...somewhat shady. Not advisable. This would actually complicated things much more than I think you're aware.

    4. He's already here - a fiance visa is not appropriate in this case.

    If he entered the country illegally, he CANNOT - period, even if - adjust status without leaving the country for a long period of time (think 10 years) unless you apply for and qualify for a waiver.

    But in order to do that, you'd need to be married first anyway.

    Now, to clarify something. A fiance visa does not lead to citizenship directly; the visa-holder first becomes a legal permanent resident. Then, after a few years, they qualify for citizenship.

    But in your case the only thing I can advise is to speak with a good immigration attorney because frankly you need help.
     
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  3. Olly

    Olly Law Topic Starter New Member

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    That was not the response I was looking for.

    -sigh-

    He is here illegally, 100%.

    How do you apply for a waiver and what are the conditions that must be met?

    Annddd approximate cost for an attorney for this type of thing? He has around $10k in a Mexican bank that he could have access to, but I fear that may not come close to covering the cost.
     
    Last edited: May 27, 2010
  4. Proserpina

    Proserpina Moderator

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    You're talking about a hardship waiver.

    Usually it goes something like this:

    Get married. Husband leaves the country. This will automatically trigger a 10-year bar, and this is what you want to have waived. So, you'd then start the process of applying for a spousal visa, which would be (generally) automatically denied based upon his being here illegally for so long. THAT is when you'd need to file for the waiver.

    Honestly? It's not impossible to accomplish this with $10k in the bank and depending on the circumstances it may be quite a bit cheaper. What you need to do though, immediately, is have at least the initial consult with an immigration attorney.

    It might cost a couple of hundred (or much less) dollars, but it will be absolutely worth your time and money.

    Quick question though - is there ANY record of him being here, at all? TIN/SS#? Anything?
     
  5. Olly

    Olly Law Topic Starter New Member

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    Idk what TIN is, but the only records of him being here are his cashed payroll checks and a translation of foreign driver's license. No SS#, and depending on what the TIN is, probably not.

    His checks would only be on record for four years, his translated license for just over 2 years.

    Also, I thought that you couldn't get married in the states without a fiance visa? Does that mean we would have to marry in Mexico?
     
    Last edited: May 27, 2010
  6. Proserpina

    Proserpina Moderator

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    Ah. So he's working here illegally too.

    Then you ABSOLUTELY need an attorney.
     
  7. Olly

    Olly Law Topic Starter New Member

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    Alright. Knowing that the money he has already is likely enough makes it easier.

    Hopefully it will be less >.>
     
  8. Proserpina

    Proserpina Moderator

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    Well, the process isn't going to be easy, unfortunately.

    Get yourselves to an attorney :)
     
    Last edited: May 27, 2010

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