having children with illegal alien

greenspun.com : LUSENET : Immigration Law - Law Offices of Michael Boyle : One Thread

I am a citizen and I am trying to get information about residence status for my bf who entered to this country illegally about four years ago. I would like to get married and hopefully have children. From your previous answers, I have the understanding that a citizen marrying with someone who entered this country illegally does not give him residence. My first question is, marriage in and of itself with an illegal alien is legal, right? Will it pose any legal risk to us just to marry? (As in, is there any chance that he will be deported or that I will be put in jail from marrying him?) Also, will that pose problems later on if laws are changed-- meaning, if we get married in the current state of law, will we not be able to change his status later, even if laws become more lenient in the near future? Or is it really the best to wait?

I have also heard that having children born in the US allows the person to gain legal status, or that he can gain status after living in the US for a given number of years (such as 10 or 15) and paying a fee. What are the necessary steps that need to be taken? For example, would I need to register him in marriage, and/or register him as the father in birth? Will having a child guarantee him to gain residence?

I know it's multiple questions but these are some of the questions that have been surfacing. I would really appreciate it if you could offer some clarifications. Thank you very much for your help.

"Immigration status has nothing to do with whether someone can contract a valid marraige." -- Michael Boyle

-- amelia lopez (danranshi@yahoo.com), October 11, 2004

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