Bellerose, NY Immigration Law Firms & Lawyers

Your friend needs to speak with an immigration attorney as soon as possible. After he posted a bail with the criminal court, ICE can move him to another detention facility any time, without any warning. From New York state jails, the next stop is usually York, PA, and then one of the immigration jails in Texas, New Mexico, or, less often, Louisiana. If your friend had consulted an immigration attorney before, he would know not to waste money on the criminal court's bond - because he had no chance of being set free, and by posting the bail, he actually made his position worse (as I said, now ICE can ship him out of the state). If there is any basis in the law to prevent your friend's removal, it must be brought to the Immigration Court without any delay - before ICE ships him down South, where it will be much more difficult to bring witnesses and maintain the defense. If there is no way to get your friend permission to stay in the U.S., perhaps, he can get voluntary departure so he would not have a deportation on his record and might have a chance to come back legally one day; in some cases, it can be possible to bail the person out of ICE custody for the 1-2 months the judge would give him to get ready to leave the U.S. The bottom line is simple: get your friend an immigration attorney, as fast as you can.

I am afraid it is not possible. You would need to show that you have money to pay such a person a prevailing wage that a US worker would get and that you could not find a worker in the US to do the same job.

Strictly speaking, no one can forbid you to marry your fiance right away and file an immigrant petition for him. The only wrinkle is that he will be required to prove that, when he entered the U.S., he did not intend to become an immigrant. I would recommend discussing your circumstances with an immigration attorney to get a fair evaluation of your chances to satisfy this requirement; if going ahead with adjustment of status on a marriage-based petition looks too risky, your attorney would suggest other options for enabling your fiance to be with you sooner when K-1 visa can be obtained.