so many in same situation

[smpeet00]

I'm pretty new to all of this immigration law stuff and have been reading various threads on here and doing research all over the web. Two weeks ago my boyfriend of 2.5 years was detained for being in the US illegally. I'm still not really sure how immigration found out about it, but needless to say him and his two housemates are all in prison. He has no criminal record and entered the US in 2000 with I believe a visitors visa. He has never left the country. I have been working with some other guys from his country, Mali Africa, and a lawyer just to get him out of jail on bond (the guys all pooled money together for the lawyer). After he's out he and I will be on our own to figure everything out and hire a lawyer (maybe the same one who's working to get him out of jail). At first I thought he had the ten year bar since he overstayed so long but the lawyer said that if we get married he can apply for an adjustment of status and not have to leave the country at all. Looks like that's true from what I've been reading... I have a few questions for those of you that have been through all this already. Let's say he gets released from jail in the next few weeks, how soon do you think we need to get married?
I'm Catholic and would really like to be married in my church but understand we can have a civil marriage first and then plan a wedding and have that in my church in a few months, but I dont really want to live together before I'm married in the church and of course we'll need proof that our marriage is valid and will probably need to live together right away right?
Also, I'm in an accelerated nursing program right now and have a break now but will be back full time busier than ever Sept 4. How much time and work is involved in all of the processes/paperwork etc after you get married and apply for AOS?

Thanks!!! I'm so glad to see so many others have been through this too...well actually it's sad that so many have to go through this mess, but it's comforting to know I'm not alone!

[kitkat1]

At first I thought he had the ten year bar since he overstayed so long but the lawyer said that if we get married he can apply for an adjustment of status and not have to leave the country at all. Looks like that's true from what I've been reading

1) The ban goes into effect when the person has left the country.

2) If he entered legally on a legal visa, he *might* be able to AOS in the US. First you need to know if his entry was indeed legal. If he entered on a tourist visa, he is NOT allowed to work and does not have USCIS work authorization. (see below****)

3) If he was detained and jailed for being in the US illegally, it is extremely unlikely that he would qualify for adjustment of status in the country. My understanding is that when he is released he will be deported. I suggest consulting with a qualifed, experienced immigration attorney -- not the one who told you he could AOS in the US, to be 100% clear on this. More likely, you can file the petition paperwork for either a Fiance or Spousal visa and once approved and forwarded to his consulate, he will interview there. He will most likely need a waiver due to his illegal presence and potentially for deportation depending on what happens when he is released. This a long, expensive and difficult process.


Eligibility Information: Who May Apply to Become a Lawful Permanent Resident While in the United States?

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ddd6e6b0eb13d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1 RCRD

You may be ineligible for adjustment to permanent resident status if:

****You are employed in the United States without USCIS authorization or you are no longer legally in the country

[Lachulagreeneyes]

smpeet I just wanted to wish you the best of luck and I hope you are able to work through this process without too many problems. We are all here for you whenever you need some advice, someone to talk to, or just a shoulder to lean on. Welcome to I2US!