Can I legally marry an illegal immigrant to keep them in the United States? - Immigration Law Questions and Answers- LawQA.com

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Can I legally marry an illegal immigrant to keep them in the United States?

Can I marry an illegal immigrant to keep him in the country if he's been deported once before in '94 then comes back commits a felony and is on parole waiting to be deported again?

Answer By Reza Athari
Reza Athari & Associates, PLLC
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You may marry anyone that you love. Marriage should not be considered with immigration matters. From what you explain, he will have at least a 10 year bar that he must stay outside US. Certain crimes, specially drug related, make one ineligible to apply for any immigration benefit. You should consult with a seasoned immigration attorney.

Answer Applies to: Nevada
Replied: 7/19/2011

Answer By Aime Katambwe
World Esquire Law Firm
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Yes you can marry him any time you want but it has to be a marriage entered into in good faith and not to evade the tentacles of immigration laws. The part about keeping him in the country will be very very tough to do since he was deported before and came back only to commit yet another crime(s). This means that not only he broke immigration laws in re-entering without permission, but also criminal laws by being convicted with a felony. I believe that getting him any kind of a status while in the US is going to be very difficult if not impossible. Of course, I do not know his entire set of circumstances but the flavor I am getting does not bode well for him. I think that an immigrant visa opportunity abroad would probably a better shot at this point. You should consult with competent counsel to get a better sense of the possibilities available to him, this forum is ill-suited for such complicated matters. Good luck!

Answer Applies to: California
Replied: 7/19/2011

Answer By Kevin Bluitt
Kevin Bluitt, Attorney at Law
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Based on the facts that you provided I would say no...also, if the marriage is simply to stop the deportation it will be deemed to be fraud....

Answer Applies to: Florida
Replied: 7/19/2011

Answer By Eric Mark
Eric M. Mark, Attorney at Law
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Most likely not.

Answer Applies to: New Jersey
Replied: 7/18/2011

Answer By William D. Fong
Fong & Associates
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Not likely to qualify for a waiver of the immigration and criminal violations. Consult with an experienced attorney.

Answer Applies to: Texas
Replied: 7/18/2011

Answer By Linda Liang
Law Office of Immigration & International Trade Law
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Mere marriage cannot save anyone from deportation. Only extreme hardship on the married citizen may. However, since he came back after being deported and committed felony, the chance for him to stay is very slim. Good luck.

Answer Applies to: Florida
Replied: 7/18/2011

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