Blog Post

The Answer Man- Ready To Marry, But Fiance’s Immigration Status an Issue

Posted May 10, 2010 by David Sperling, Esq.
Categories: Federal Immigration Policy

In “The Answer Man” series, David Sperling, Esq., fields reader questions about immigration law.


Question
My name is Stephanie. My fiancé came to the U.S. four years ago, after being caught times times trying to cross the border. Following the third attempt, he waited a few more months and this time he was able to cross. He has not had any problems with the law except one time he got a ticket for not having his driver’s license. We are getting married in March 2011. My question is, does he have any chance to get his green card and is there any real plan for immigration reform?


Answer
Your fiancé will not be able to get a green card through marriage in the United States. But don’t let this spoil your wedding plans! You can still invite lots of friends over and have a big party. It just won’t change his immigration status.

The problem is that your fiancé entered the country illegally. Under the current law, anyone who enters the United States illegally cannot gain legal status through family relationships or business offers. There is one exception for immigrants and derivatives, such as spouses or children, who had a petition filed on their behalf on or before April 30, 2001. You should consult an attorney about that exception.

It is likely that your fiancé has a deportation or “removal” order if he was caught at the border three times, and at that time he would have been fingerprinted. You should file a Freedom of Information (FOIA) Request to make sure. This will involve going to the police and getting fingerprinted if he does not have his Alien Registration Number, or “A-number,” on any documents he may have received from immigration authorities.

The fingerprints are sent to the FBI, who will send a record of his contacts with law enforcement, as well as an A-number that you will need to file a FOIA request. The FOIA request, which will tell you whether or not there is a deportation order against your fiancé, will be sent to you in the form of a CD. You should contact a competent attorney or reputable legal-services organization to aid you with this process.

Knowing whether or not your fiancé has been ordered deported is extremely important. All police officers have access to a federal database that includes “fugitives” with outstanding deportation orders. Your fiance could get stopped for making an illegal turn while driving (a very bad idea, by the way), and the police could easily discover that he has an outstanding deportation order by running a simple name check.

If he does have a deportation order and is brought to the local precinct for fingerprinting, his fugitive status will be confirmed and he will be detained and deported, with no right to see an immigration judge.

With you fiancé‘s FOIA record, a good immigration attorney may be able to re-open his deportation case (if he has an outstanding deportation order) and have him released on bond. Even if he is squeaky clean and never gets arrested, your fiance’s FOIA record will be critical when Congress eventually passes an immigration reform law that may include a pardon for those with deportation orders.

Is there a real plan for immigration reform? Yes. Check out LIW for the latest updates. But you shouldn’t put your life on hold, waiting for immigration reform. It will happen, sooner or later, but, as you probably know, sometimes politicians move slowly.


Image courtesy of tostadophoto.com via Flickr.


DISCLAIMER

In this column, Long Island Wins provides information about immigration law designed to help users understand and navigate the immigration system. The information contained on Long Island Wins is provided to you “as is,” and does not constitute legal advice. We are not acting as your attorney. Furthermore, statements in this column are not to be construed as legal advice creating an attorney-client relationship. Anyone with an immigration issue is strongly advised to consult with an experienced attorney or reputable non-profit legal-services organization.