Help

[serenity134]

I am very new to this whole thing. My boyfriend is from Brazil. We are expecting our first child in October. He entered through Mexico in 2005, was arrested, detained and released. He was to report to court 6 months later but he never did. We live in fear everyday that he will get pulled over and deported. His life here is very difficult. Any advice on what steps we can take to get him on the the track to citizenship. He is so afraid, he bought his plane ticket to return to Brazil in December. Please help.

[emt103c]

All right, so it sounds like you have:

Entry without inspection
Overstay of three years
Old deportation

These can be overcome with a hardship waiver if you two are planning to get married. That decision will have to be up to you.

If you decide to get married, you can either file a fiance visa for him to immigrate that way or go ahead and get married and then file a spousal visa.

At the interview, he'll be denied and asked to file a waiver. . .we have had many members do this successfully with even a few from Brazil.

If you want a lot of control over timing or you specifically want to get married in the U.S. you might think of getting married before he leaves or using the fiancee visa option.

Either way, take a look at the stickies in the I-601 and I-212 section, as you will need to file both, should you decide to proceed. I'm going to go ahead and move this post to the I-601 section so that it can get more attention.

Good luck!

[ARodrigues]

Welcome, what part of the US are you in? What part of Brazil is he from? (That has nothing to do with your case, just curious) I live in Florida and my husband is from the state of Para in Brazil. We are in about the same situation as you, except that mine has never been caught. The immigration process for you will require trip home for him, and he will have to stay for 6 months (approx.), if he leaves right before his interview, but several people have been approved through Brazil. My husband will be leaing in the next month or two to wait in Brazil while they decide on our waiver.

Congratulations on your pregnancy! Do you know what you're having?