Leonia, NJ Immigration Law Firms & Lawyers

As you are a US citizen, marrying your boyfriend before his son turns 18 would automatically make him your stepchild for immigration purposes. You could then also petition for him as your child. If your boyfriend and his son entered legally, they would likely be able to adjust status in the US. If they entered illegally, they would generally not be able to adjust status. They might, however, be able to qualify for the Administration's I -601A provisional waiver program under which you would file I-130 relative petitions for them, and once approved, they would file I-601A waiver applications based upon extreme hardship to you if the applications were refused. The waiver applications would be adjudicated in the US and if approved, they would begin to process their cases with the American Consulate in their home country for immigrant visa interview. With approved waivers, the interviews would in all likelihood be passed. 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.

If your only ground of inadmissibility is your illegal stay in the US and you are married to a US citizen, you may be able to benefit from the I-601A waiver if your permanent departure would cause extreme hardship to a US citizen spouse or parent. The difference between this provision and regular law is that in the past, the US citizen would have to first file the I-130 relative petition for you, have it approved, and you would then go overseas for a consular interview at which time you would be refused and then invited to apply for a waiver of inadmissibility on form I – 601. You would have to remain outside the US during the time that the waiver was being adjudicated. Under the I – 601A, you are allowed to remain in the US during the time that the waiver is being adjudicated and if approved, you would leave the country for an immigrant visa interview at your home consulate or embassy, at which time you would normally have a routine interview as the main bar to your admissibility would have been removed even before you left the States. 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.

The I-751 application to remove the conditional basis of residence status looks to see whether the relationship was bona fide at its inception as seen through the prism of the two-year period of conditional residence. As your wife already signed the petition and you submitted it with your evidence, you will at the stage wait for further action on the part of U.S.C.I.S. It may approve the petition without more. If it requires an interview, you should of course attempt to locate your wife and have her accompany you to the interview. If not, you should attend the interview anyway and explain your situation to the U.S.C.I S. examiner. Perhaps he or she will be sympathetic to your situation if he or she is convinced that you have had a bona fide relationship.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.