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

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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

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 4 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.


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