Legal Question in Immigration Law in California

My boyfriend and I have been together for 8 years and are planning to marry by next year. His mom brought him to the US illegally when he was only 2 months old. How can we go about getting married without him having to leave to Mexico? We want to do everything the right legal way.


Asked on 8/22/16, 4:40 pm

2 Answers from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

Unfortunately, unless someone filed a petition or labor certification for his parents by April 2001 ( which could give him 245i grandfathering) he cannot adjust status in the U.S. Even with an approved provisional waiver, he will still need to apply for his immigrant visa at the U.S. Embassy in Mexico.

I highly recommend that you hire an experienced Immigration Attorney to assist you with his case.

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Answered on 8/22/16, 4:46 pm
Taraneh Khorrami Law Offices of Taraneh Khorrami, APLC

We have to determine if he is 245i eligible and if he can adjust his status in the United States. In the alternative, he can be eligible for a Provisional Waiver (601A waiver) if you are a U.S. Citizen or Legal Permanent Resident. There are number of questions that I will need to ask your boyfriend to determine his eligibility. You can email me or contact my office at 818-808-0006 for a free consultation.

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Answered on 8/22/16, 4:49 pm


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