Simla, CO Immigration Law Firms & Lawyers

If a) your boyfriend entered the U.S. legally, with a visa, b) you are a citizen of the U.S.; and c) you marry him, - then you can file an petition with US Citizenship & Immigration Services asking that your husband be permitted to remain in the U.S. as a lawful permanent resident. USCIS will consider your petition, check your boyfriend's background, and call you both for an interview. If you convince the USCIS officer at the interview that you two got married because you love each other and want to be a family (not just to get a green card for your boyfriend), the petition will be approved, and your husband will receive a green card for 2 years, conditioned on his marriage to you: if your marriage does not survive 2 years, your husband will lose his green card. 18 months later, you both will ask the USCIS to remove the conditions on your husband's green card. At the second interview, you will have to convince USCIS officer, again, that your marriage is real; if you succeed, your husband will receive a permanent green card (one that he will keep even if you divorce him); otherwise, USCIS will ask him to leave the U.S. 33 months after getting his first green card, if he will still be married to you, your husband will be able to apply for U.S. citizenship. This is the procedure. Difficulties can arise if your fiance has criminal convictions, a history of immigration law violations in the U.S., or some other disqualification that would bar his becoming a permanent resident. Another problem that you might face is that you would have to show financial ability to support him in the U.S.; for a family of 2, you would have to show income of over $19388 a year. If you don't have that kind of income, and don't have significant assets, you would have to find a co-sponsor. Finally, you might want to know that the government filing fees on the first stage (up to the getting a 2-year green card) are $1490.

Our Immigration Law Offices handle marriage cases all of the time. The documents you need to file are: (1) A Petition for an Immigrant Relative; and (2) An Application for Adjustment of Status. There are many nuances to the filing of such a case with the USCIS. We highly recommend that you seek the assistance of a competent U.S. immigration lawyer or attorney to assist you with this matter to save you time, expense and headaches.

Your criminal defense attorney is required by a recent Supreme Court decision to properly advise you about the immigration consequences of your plea.  If he or she is not familiar with immigration law, they are required to consult with someone who is.  You should raise this question with your criminal defense attorney and refer them to the case of Padilla v. Kentucky.