Sundown, TX Immigration Law Firms & Lawyers

Assuming the previous marriage was not fraudulent and he has no other basis of inadmissibility, he may remain in the US and adjust status under 245(i) once he marries you.

You have too many issues for an answer without discussion. The short answer is that you need to do consular processing because of the illegal entry. The dismissed case is a big problem as an attorney can explain. You may need a writ to set the conviction aside (a probation indicates a conviction for federal purposes).

I assume that your girlfriend is a US citizen or permanent resident of the US. By marrying her, she could file an I-130, and if U.S.C.I.S. agrees that your marriage is bona fide and not just for purposes of having you immigrate to the US, you could move into consular processing with an I-130 approval. At the end of consular processing, you would then be interviewed for the immigrant visa at which time you would be denied and advised of your right to file for a waiver or waivers for you to return to the US.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.