Q: My partner came to US at 14 with his mother. Is there a path for him to get a legal status?
His mother had protect status when she brought him in, but did not help her children with immigration. He has a misdemeanor for marijuana from 10 years ago, but has been clean and remained out of trouble since. We've been together for 5 years and want to start a family, but we're told he'd have to leave the country for at least a year and could apply to come back. We were also told re-entry at the time was very risky and unlikely. Is there any hope for us?
A: This is not a question that can easily be answered through this forum because many facts have to be taken into consideration. I recommend doing an in-depth consultation with an experienced immigration attorney who handles Family based immigration AND Deportation/Removal defense. Best wishes!
A:
Your facts do not make it clear whether your partner entered legally or his age wwhen he entered and when he was convicted for the marijuana charge. This matters greatly.
Second, dependoing on his age he may need one waiver or two. How or when they can be filed depends on whether he was legal when he entered the USA.
You will need to be married to qualify for a waiver unless he has another immediate relative in the USA who is a USC or an LPR.
Is his mother a USCI? If so, depending on his age when she became a USC he may be a USC.
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