Green card through marriage and 1 have DUI?

My boyfriend who I have been living with in the past year and have a daughter with got a DUI for the very first time in June 2009. He voluntarily departure from California in July 2009 and came back illegally in Aug 2009. Ever since then, has had no problems with the police, etc. (he has no felony, his dui was conceder misdemeanor) If we get married now (2013) would I be able to help him to apply for green card and how long can process take?

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  • Anonymous
    7 years ago
    Favorite Answer

    coming back illegally after voluntarily departure was the worst idea he ever had. It means now his deportation would be ordered:

    if the Attorney General finds that an alien has reentered the United States illegally after having been removed or having departed voluntarily, under an order of removal, the prior order of removal is reinstated from its original date and is not subject to being reopened or reviewed, the alien is not eligible and may not apply for any relief under this chapter, and the alien shall be removed under the prior order at any time after the reentry.”

    Basically now he can't even fight an deportation. It probably would be easiest to move to either Mexico or some country where all of you can get a visa.

  • 7 years ago

    Your boyfriend is ineligible for immigration for the rest of his natural life. The answer tigrillen gave is 100% spot on.

    If you want to marry your boyfriend and live with your (then) husband, it will have to be in his country or another country, but not the United States of America.

    Source(s): An immigrant from Europe, I live in the charming old mission town San Buenaventura and work as an attorney in Santa Barbara, California.
  • Jan
    Lv 7
    7 years ago

    He will be ineligible for a green card because of his illegal re-entry. By doing that he committed a felony.

    When he gets caught he will be deported and never allowed to return.

  • Ed
    Lv 7
    7 years ago

    After marriage you can petition for an immigrant visa for him. The form can be found below.

    Due to his record it is uncertain whether he will qualify for a visa. It will certainly take more than a year

    and use of an attorney is recommended. http://www.uscis.gov/portal/site/uscis/menuitem.5a...

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  • Anonymous
    7 years ago

    for returning illegally ...is a felony ..he will be jailed

    and deported permanently ...

    you may both have to move to his country

    best to see a Aila Lawyer

  • Lisa A
    Lv 7
    7 years ago

    He is never coming back to the US legally.

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