If I have been with my fiance 6 years and we have 4 kids, how easy would it be for him to get him legalized if we get married?
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If I have been with my fiance 6 years and we have 4 kids, how easy would it be for him to get him legalized if we get married?
Asked on January 28, 2012 under Immigration Law, North Carolina
Answers:
SB, Member, California / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
It really depends on how he entered the US. If he entered the US lawfully and overstayed, you can petition for him once you are legally married and he will be able to adjust status to permanent residence within the US. If he entered the US unlawfully, however, under the current immigration laws, he is not eligible to adjust status within the US. He would need to go back to his home country to consular process but as soon as he departs the US he will automatically trigger a 10 year bar to reentry, which can only be waived by a showing of extreme hardship to a US citizen spouse, which is fairly difficult in most cases.
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