Immigrants in jail can they get married and not get deported?

Question

i need to marry my newborns father he was arrested for something he did not do and he is illegal so the lawyer said our only option is to get married will that really help? can he stay? or are they trying to get more money?

Answer 1

Your child's father should probably request Voluntary Departure, and then depart w/in the timeline ICE gives him.  Then when he's back in his own country, he should seek to reenter the U.S. correctly.

If you plan on marrying him, then you and he should request a Fiance Visa (K-1 visa).  If granted, he can then reenter the country, but you must marry within 90 days.

After that, he should then apply to become a permanent resident (LPR).  This is not the same as being a Naturalized Citizen.  But it's the legal status that immigrants seek to obtain and it provides some protection against deportation.

NOTE: If he's in jail for a crime of moral turpitude (fraud, etc) or aggravated felony, and he's subsequently convicted or pleads guilty, then he will NOT be able to obtain any legal status in the U.S.  So, if it's a serious crime, and he didn't do it, then he should do everything he can to get a Not Guilty verdict.  I.E. No pleas!!!

Answer 2

Nope,he's gone and marriage wont save him.

Answer 3

i would talk to a lawyer to make sure.

Answer 4

I doubt any lawyer who passed a state bar and practices in the US would have told you this.  If your lawyer is practicing in the US, check his/her credentials.

Answer 5

Please read the following regulation before you decide to marry:

8 CFR 245.1(c) Ineligible aliens . The following categories of aliens are ineligible to apply for adjustment of status to that of a lawful permanent resident alien under section 245 of the Act:

(8) Any alien who seeks to adjust status based upon a marriage which occurred on or after November 10, 1986, and while the alien was in exclusion, deportation, or removal proceedings, or judicial proceedings relating thereto.

Also read this: 8 CFR 245.1(b) Restricted aliens. The following categories of aliens are ineligible to apply for adjustment of status to that of a lawful permanent resident alien under section 245 of the Act:

(3) Any alien who was not admitted or paroled following inspection by an immigration officer;

Aliens who are being held for a removal hearing are not eligible to adjust status to permanent resident. Aliens who entered the country without inspection are not eligible to adjust status to permanent resident.