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Ask an Attorney: Marrying an illegal, more
Posted on Oct 9, 2006 11:40:06 AM
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Several questions coming with this one...

Question 1. I need info on marrying an illegal from Mexico. He crossed the border and has never been inspected to my knowledge. He recently spent two weeks in jail for a domestic assault charge, but the person accusing him wants to drop the charge, but the police filed the charges not her. Will he be deported and how can I marry him, and can marrying him pervent deportation if done correctly?

Thanks so much. ( I dont mean deportation from the charge, just in the future)

Steveculbreath_1 ANSWER: The domestic assault charge complicates things. A conviction would substantially be damaging and most certainly

Lead to deportation. Even if he were to get married, that in itself will not stay the removal proceedings and/or order of deportation.

Question 2. What type of personal circumstances would be considered favorable or increase the likelihood that the wavier( of the 10 year bar) would be successfully granted such as ( college, children,family , career, etc.?) and how often does this happen, Is it rare they are granted? Do you know what I might expect to pay to go through with this? Any web sites with any useful info regarding my questions would also be appreciated. Thanks.

Answer: The chance of getting a waiver is slim. The USC would have to allege and prove substantial hardship above and beyond the level of hardship ordinarily facing families who are forced apart by deportation. Again, the domestic charge does not help.

Question 3. I also have three more questions maybe you can help me with. Can an illegal be deported by the courts for a domestic assault charge, and would it matter either way if the person who is accusing him of the assault wanted to drop the charges or not? I have been told that deportation would only occur if he was reported to immigration.... Also, what is the max sentence for that kind of charge, or what usually happens if it's a first-time offense considering the accuser wishes to drop charges? Answer: The charge alone may not make the alien deportable, but the alien at this point, due to his illegal entry, is already considered removable/deportable. The domestic assault merely aggravates his case. As for sentencing guidelines, this depends on each State’s statutes. Also, a conviction of the charge is needed. At this point, he has only been charged.

This question would be more appropriately directed to a criminal defense attorney or court-appointed public defender.

Question 4. Also Can you tell me about Fiance Visas....I was told that if there is no proof that my boyfriend has been here without a visa for a year or more, than I could apply for the visa as if he were in mexico, if granted have it sent to his family in Mexico who would then send it here to the US where I can then marry him and apply for a status adjustment. Is that possiable I don't feel that would be a very wise decesion either way. Any information you can give me is very much appricated. Just for you info he has no prior criminal record in the US or Mexico, only his pending court date of Oct 10th for the domestic assault charge, which the girl took out on him out of anger and now hopes she can help in court without going to jail herself for filing false charges).

Answer: The finance visa route with consular processing in Mexico would only complicate matters. Depending on how long ago

He entered the US from Mexico without inspection, the bars he is subject to could and most likely will prevent his re-admission to the US if he went to Mexico in order to attend the visa interview and pick up his K-visa.

Bottom Line: GET HELP. Hire an attorney to help you.

Steven A. Culbreath, Esq. (pictured)

steve@visaamerica.com

Peter J. Jaensh Immigration Law Firm P.A.

2198 Main St.

Sarasota, Fl 34237

Ph. 941-366-9841

Fax: 941-951-0677

www.visaamerica.com