Gainesville, TX asked in DUI / DWI and Immigration Law for Texas

Q: I am engaged to a Mexican citizen. He lived in the US for 17 years and had a DACA work permit. In 2014, he got a DWI.

He didn't get his daca revoked or a deportation order, just paid his fines and did comm. service. However, his DWI made him unable to renew DACA. Being that SB4 passed or was in the process of passing, he didn't want to risk deportation due to being undocumented. He willingly went back to Mexico to finish college as I am finishing college here. What is the process, if we get married in Mexico, to bring him here and get his residency? Does his DWI complicate things? How long is the process? We are both in college and, consequently, don't have high incomes, is this a factor?

Thank you.

Related Topics:
1 Lawyer Answer
Matthew J Hartnett
Matthew J Hartnett
  • Immigration Law Lawyer
  • Philadelphia, PA

A: It really depends how long you decide to wait to get married. Once you are married (legally), you can file an I-130 for him. When the I-130 is approved, he will probably need a waiver. Ultimately he will have to be processed through the consulate. If your income is low, you can get a joint sponsor. Consider working with an attorney on this.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.