Legal Question in Immigration Law in Maryland

My borfriend is an illegal immigrant, and i we want to get married!

Me and my boyfriend have been together for almost two years now... and we eventually want to get married real soon. The problem is that my boyfriends visa expired and he did not get the chance to extend it. I am so afraid now if we try to get married that they will deport him...is there any way he can stay here in the U.S. while trying to file the paper work and not get deported?

I also forgot to add..that I AM a u.s. citizen.


Asked on 1/27/08, 12:08 am

1 Answer from Attorneys
Thomas Brown Law Office of Thomas K. Brown, LLC

Re: My borfriend is an illegal immigrant, and i we want to get married!

Marriage itself won't raise the ire of Immigration and Customs Enforcement. Since your boyfriend entered the country legally and merely overstayed his visa (as opposed to entering illegally in the first place), then marriage to a US citizen is about the best way to cure his immigration problems. Under most circumstances, someone out of status cannot adjust (i.e., get a green card). The law cuts out an exception to this general rule for spouses of US citizens in which periods of unlawful stay or unauthorized employment do not act as a bar to getting a green card.

There are some other possible roadblocks, typically involving criminal activity, but assuming your boyfriend hasn't committed any serious crimes, once you're married, you should be able to cure his immigration issue and get him a green card.

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Answered on 1/27/08, 8:32 am


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