My boyfriend and I plan to get married. He got arrested for DWI. Is there a way for him to become legal and without fear of getting deported? Can he get a driver’s license?
Did he come to the US with a visa? Is he still in custody? If you're thinking of marrying him to make his problems go away, that will not happen since he is already on ICE's radar screen. If he is free and did come with a visa, then by all means marry in good faith and he should be OK providing you are a USC.
Is he in the US lawfully or unlawfully? Did he enter the US lawfully or unlawfully? You need to provide more specifics about his situation.
Does he have an ICE hold on him now. To analyze his options we would need to know his complete immigration and criminal history, whether he has ever left the U.S., your status, manner of his initial entry into the U.S., status of close relatives, etc.
Yes. It depends on how long he has been here, whether he has any child born here etc. The best thing to do is to sit down with a lawyer that does both Criminal law and Immigration law like me and we will hash the issues out in a very clear and simple way.
Depends on whether he entered legallly or illegally. If he entered legally, and you get married to him, and you are a citizen, he can remain in the United States and apply for permanent residence on the basis of the marriage. He must demonstrate that he entered the U.S. legally and that the marriage is a real marriage not solely for the purpose of immigration benefits. He files a packet of forms with the United States Citizenship and Immigration Service through a process called adjustment of status. While the application is pending, he is entitled to work authorization and travel permission. If the case is approved, he will be issued a conditional permanent resident card that is valid for two years. At the end of the two year period, you must both file another petition called a joint petition to remove conditions on residence and prove that the marraige is still valid. If approved, they will issue him a 10 year unrestricted permanent resident card. If he entered illlegally, then, most likely, he will have to leave the U.S. to process his paperwork. The process begins with the filing of an I-130 immigrant visa petition in which you must establish the bona fides of the relationship. Once the I-130 is approved, the case is sent to the National Visa Center which is the hub for consular processing around the world. The National Visa Center will send you forms that you must complete on behalf of your spouse, including the affidavit of support. The affidavit of support is to demonstrate that you have sufficient income to prevent your spouse from obtaining welfare. After you complete the forms and send them to the National Visa Center, your spouse will be scheduled for an interview at the consulate. There, they will determine if there is anything in your spouse's past that would prevent him from immigrating such as crimes, immigration violations, etc. Generally, DUIS are not a ground of inadmissibility if it is a sole incident. If everything goes well, he will enter as a permanent resident,subject to the two year rule described above.
The answer to your questions depends upon additional information. I would need to know the exact charges your boyfriend either plead guilty to or was convicted of. I would also need to know about his prior immigration history including his manner of entry. A DWI, in and of itself, is usually not grounds for denial of a green card application, but it can be the basis when combined with other factors. Your boyfriend may also not be eligible to adjust his status in the U.S. depending upon his immigration history. As for the drivers license, this is a state issue, but in general an alien cannot get a drivers license without an employment authorization card or other proof of lawful immigration status. Based upon the information provided, you and your boyfriend would be encouraged to consult in person with an attorney.
You need to have a consult with a competent immigration attorney. Bring his court documents and passport. There are many other variables that determine his eligibility or else where and how he can obtain the green card. Do not file anything without a full consult.
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