Legal Question in Civil Rights Law in California

my fiance is an illegal resident he came to california when he was three years old from mexico and is now 21, how do we go about him getting a green card and applying for residency or citizenship?

Asked on 8/21/09, 3:51 am

1 Answer from Attorneys

Larry L. Doan Law Office of Larry L. Doan

Due to your fiance's illegal entrance, he cannot get his papers here. He'll have to go back to Mexico and finalize the paperwork for his green card. However, that act of departure itself will automatically trigger the 10-year bar from being readmitted (because he's been in the U.S. illegally for more than a year since 18). The only way to get around that bar is to prove that his wife, and citizen kids, if any, will experience "extreme hardship" if he is denied readmission. That is a difficult standard and he would need to hire an attorney experienced in these matters to help him prove the extreme hardship. Many people do not want to take this risk of leaving the U.S. to arrange their papers like this, since the decision on hardship is entirely within the discretion of the U.S. consulate officer in Juarez with no appeal rights.

However, if your fiance and you are willing to take that risk, I would be happy to help. Please check out my website and blog for how to contact my office and for a possible consultation, if necessary.

Larry L. Doan (blog)

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Answered on 8/22/09, 1:05 am

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