Q: My partner has no proof that he is in the US legally. He came from Canada when he was a teenager to go to private school
My partner has no proof that he is in the US legally. He came from Canada when he was a teenager to go to private school. He has a social security card but a Canadian birth certificate and no other information. He was born in Canada and adopted as a baby, his mother is a US Citizen and his father is Canadian. They are living in Canada in their late 80's and have no adoption paperwork and cannot remember what they did to get him enrolled in school in the US. The question is, what can we do. He wants to stay in the US legally (has been here for over 20 years).
Assuming you are a US citizen, you can marry him and apply for permanent residence. Your partner either came as a foreign student (F-1 visa status) or as a visitor. The school probably has records that will help establish how he came into the USA. The point is to show he made a LEGAL entry, which logic says he likely did. The 20 years since, as an overstay, can fall away WHEN you are married and you have filed the necessary applications.
I recommend you look for an experienced immigration lawyer in your area. He or she can guide you both, now and through the process, and be present at the interview at the local USCIS office in your area, when the decision will be made on the application.
Important: The key ingredient is proving your commitment to one another as spouses.
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.