Legal Question in Immigration Law in Maryland

hello. i am a resident of maryland, and a resident of the u.s. i met my fiance' 2 years ago. he moved next door to me, an we began a relationship. since then, we have moved in to a home toghther, which we own ( in my name). he works at a local resturaunt and i work for the state.

our problem is that he entered this country illegally from el salvador 5 years ago. he obviously has no visa, no work permit, no residency.

this is a problem for many reasons, but mostly because we want to marry and have normal life.

also he has not seen his parents since he left el salvador and they are sick and will not live much longer. i have heard many things about our options, but i need to get advice from someone who knows the law and who is not just trying to give advice based on opinion. i would welcome any help that you can offer me. THANKS ALOT!


Asked on 3/31/10, 5:50 am

2 Answers from Attorneys
Luba Smal Smal Immigration Law Office

You should schedule a consultation with an immigration attorney. Here, on a public forum, based on your post, I can tell that:

- he is not eligible for adjustment of status (green card) if he came to USA illegally, even if married to a US citizen,

- if married, he will still have to go back to El Salvador to apply for a visa (green card) through consular processing. I assume that you are a US citizen.

- his application can be denied, and a hardship waiver will be required.

- it's important to keep in mind that a visa can be denied (it's not always approved in cases where a hardship waiver is denied as well).

I offer legal consultations and can assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally. If you�d like to schedule a confidential telephone or email legal consultation, need legal advice or help, please let me know and I�d be glad to help you.

Contact email address: Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . Or you can TEXT a request for a consultation with an Attorney to 1-402-238-1238.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. If you would like to request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.

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Answered on 4/05/10, 7:33 am
Gregory Bryl Attorney At Law

You will need the services of an immigration attorney.

Under current law, your husband is not eligible to legalize himself from within the U.S. even if you are a U.S. citizen and you have been married for a number of years.

He will need to go back to his home country and apply for an immigrant visa there in connection with a hardship waiver to overcome the "penalty" for coming and staying here illegally. The hardship waiver is considered exceptional relief and is granted rarely. You will need to document "extreme hardship" as much as possible to ensure the maximum chance of success. For further information, you can contact bryllaw.com or call 202-360-4950.

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Answered on 4/05/10, 7:44 am


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