Us citizen marryed to illegal alien from ecuador : LUSENET : Immigration Law - Law Offices of Michael Boyle : One Thread

i am maaried to an illegal alien from ecuador we have a 9 month old baby and he fully supports me I would like to know what the process will be what are the odds he will be deported and is there anything I can do to keep him here

-- Erica (, November 06, 2003


Marriage applications have two parts. You are definitiely eligible to do the first part, Form I-130, the Petition for Alien Relative. If your husband entered the country legally, after being inspected by the INS, you are also eligible to immediately process the second part of the application with the INS. (This is true even if he has overstayed his visa for a long time.)

However, if your husband entered without inspection across the Mexican border, your situation is much more complicated. He would either have to wait until immigration laws are changed or improved, or take his approval back to Ecaudor to be processed. You would also need to apply for a waiver (similar to a pardon) for his unlawful presence in the U.S. This process takes many months -- probably about a year in Ecuador -- and requires showing that you would suffer extreme hardship without him. Once he leaves, he would have to remain overseas until the waiver is approved. Because the process is slow and sometimes difficult, many people prefer to wait in the U.S., hoping that the law will change.

If you are in Connecticut, please feel free to call us to discuss it further.

-- Michael Boyle (, November 06, 2003.

That really sucks

-- B Dog (, December 15, 2004.

Moderation questions? read the FAQ