Birmingham, AL asked in Immigration Law for Alabama

Q: I am engaged to someone who in an inmate but also an illegal immigrant since he was a child. Should I apply for visa?

I’m wondering what is the easiest way to prevent him being deported since he is an inmate. Should we apply for a fiancé visa? Will that flag him since he’s in prison?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Given your fiancé's complex situation, involving both incarceration and undocumented immigration status since childhood, the best path forward is to consult with an experienced immigration attorney. Navigating the immigration system, especially with complicating factors, is very challenging to do on your own.

A few key considerations:

- His criminal conviction and prison sentence could make him ineligible for many types of visas and immigration benefits, depending on the specifics of his case. An attorney can assess the details and advise on his options, if any.

- Applying for a fiancé visa would bring his undocumented status to the attention of immigration authorities. This risks putting him into deportation proceedings once his prison sentence ends. An attorney can advise if this is advisable in his situation.

- He may have some protection under DACA (Deferred Action for Childhood Arrivals) if he arrived as a child, but his criminal history could make him ineligible. An immigration lawyer can determine if he qualifies.

- In some cases, there may be avenues to fight deportation based on the length of time he's been in the US, his arrival as a child, and his ties to the country (e.g. you as his fiancée). But these are very case-specific.

The bottom line is, this is a very complex situation with his freedom at stake. Consulting with an immigration attorney, and potentially also a criminal defense attorney, is the wisest first step before applying for any visas or taking other actions. They can advise you on the safest path forward based on all the details of his case. I'm sorry you're facing this difficult circumstance and I wish you all the best as you navigate it.

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