Legal Question in Immigration Law in Washington

Re: Illeagle Marrige

Getting married is not a problem. Just go do it. Make sure that if either of you has family and friends, that as many of them as possible are at the wedding. Next, see an immigration lawyer to have the lawyer go through the paperwork that must be prepared. Try to make sure that as much of this paperwork is completed before your new husband has to return to his native country, where he will have to wait while his application is pending.

You said that your boyfriend left voluntarily. I would want to know if he was granted "voluntary departure" by an immigration judge, or did you mean that he left without putting up a legal fight?

If he were granted voluntary departure, that makes things a little easier. At the end of the day, he will still require a waiver for his unlawful presence in the United States, for this second unauthorized visit. For family based cases, my observation is that most waivers are granted, especially if there is no violent criminal history, or history of drug dealing, or gang related crimes.

The application will be sent out once he returns to the home country, and he will have to wait there from anywhere between 4-12 months before he will ultimately be allowed to return, assuming the waiver is granted.

If you would like a free telephone consultation, please feel free to get in touch with me, and I am happy to give you one. I can answer any questions that you may have, and ask you some more questions to make sure of what is happening in your boyfriend's case.

From there, you can make an informed decision about how to proceed with your case.

Re: Illeagle Marrige

You can get married anytime you'd like. However, you boyfriend, at a minimum, will need to get a waiver of the unlawful entry to have legal status. This can only be done in the home country. Since he was already deported, he might be subject to having the already existing order executed at any time--without further hearing. Contact me directly for further assistance.

At your service,