Should I marry my immigrant boyfriend to prevent the possibility of deportation?

UPDATED: Sep 30, 2022

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Should I marry my immigrant boyfriend to prevent the possibility of deportation?

My boyfriend has been in the U.S. since the age of 7. He has never been

convicted of anything and has never done anything illegal. Is the best option to

get him a green card to marry him? We’ve been together almost 6 years and we do plan on getting married once we are both financially ready, however we are now scared that he will be deported before that is able to happen.

Asked on February 9, 2017 under Immigration Law, California


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If he entered the US unlawfully, under the current immigration laws, he is not eligible to get a green card even if he is married to a US citizen, within the US.  He would have to depart the US to get a visa but by leaving he would trigger an automatic 10 year bar to reentry that can only be waived by a showing of extreme hardship to a US citizen spouse or child.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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