Soledad, CA Immigration Law Firms & Lawyers

We are unable to answer questions such as these on a forum like this as it all depends on the facts of the case. There is relief available to individuals in removal proceedings but he would need an attorney to evaluate the facts of his case in order to determine how to proceed. Consult with an immigration attorney. Many of them offer free consultations.

If your boyfriend is a U.S. citizen, his criminal past does not affect his right to file an immigrant petition for you after you get married. It does not mean that you will get a green card automatically: - you need to have come into the U.S. legally (on a visa or on a visa waiver); - you need to have no disqualifying criminal convictions; and - your husband has to earn enough money ($15130 a year, if it's just him and you; $19050 - if he has a dependent, $23050 - if he has 2 dependents, etc.) or gets someone who has sufficient income to become your co-sponsor. If you cannot satisfy any one of these conditions, an approval of an immigrant petition from your U.S. citizen husband will not give you a green card.

Set up your I-130 for consular processing (You can always change to adjust later. It is possible this issue may arise; but if you include a statement in your paperwork that both you and your employer understand this is a temporary position and that you intend to return at the end of it then you should be fine. If the issue of the I-130 comes up to be honest and indicate your spouse is applying but it will be a couple of years until your Priority Date is current and you intend to come back to the consulate to process your case if you are not already back home.