Chandler, TX Immigration Law Firms & Lawyers

Where it is fairly certain that an individual will become a US citizen, it is usually better to apply for a spouse after having obtained US citizenship. If the wife entered legally and has overstayed her visa status, your friend's becoming a citizen would allow his wife to adjust status in the US. If she entered illegally but has a clean record, e.g. – no crimes or fraud, she could possibly take advantage of the Obama administration's I-601A program under which she could apply for a waiver of the bar for staying in the US illegally prior to deciding whether to attend a consular interview outside the US for an immigrant visa. In contrast, if your friend was still a permanent resident, she would not be able to take advantage of the I-601A program, and if she wished to go overseas for an immigrant visa appointment when her priority date became current under the category for spouses of permanent residents, she would have to be first refused by the American consulate and then allowed to file for a waiver of the illegal stay bar during which she would have to remain outside the US while it was being adjudicated. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal

An initial question is whether your husband has had a prior deportation order or committed crimes. In those cases, it would be more difficult to have him released. If he was your husband and not just your boyfriend, that would be another equity in his favor. If he has not been under prior proceedings, he may be eligible for release by ICE or through a bond hearing with an immigration judge. If he has had a prior deportation order or committed crimes, he or his attorney can ask for prosecutorial discretion from ICE that he not be deported. If there are grounds to reopen his case, his legal representative can file a motion to reopen which if successful may result in his being released. Otherwise he may have to remain under ICE custody while it tries to arrange transportation outside the US. If it is unsuccessful in arranging a deportation within a reasonable period of time (usually six months), it will likely be forced to release your husband/boyfriend.  Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

You do not need to file immigration papers before you marry. If he is in A status, then he will need to sign certain papers prior to applying for a green card in the US, if that is his intent.