Framingham, MA asked in Immigration Law and Family Law for Massachusetts

Q: Could marrying my undocumented boyfriend cause negative immigration consequences?

I am a U.S. citizen and have lived here for 34 years. My boyfriend has been living in the U.S. for 22 years without any immigration issues; he entered without inspection and did not go through the system. We are considering getting married, but I am worried that marrying him might flag him as undocumented in some system and do more harm than good, especially since lawyers have advised us that marriage could be his only path to documentation. If marrying him does not pose a risk, we would like to proceed as soon as possible.

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3 Lawyer Answers

A: If your boyfriend entered the United States without inspection, then you will not be able to sponsor him as a US citizen spouse. He will have to qualify for a waiver of an admissibility and exit the United States to have his interview overseas in his native country.

James L. Arrasmith
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Answered

A: Marrying your undocumented boyfriend could have both positive and negative immigration consequences, so it’s important to carefully consider your situation. Since he entered the U.S. without inspection, marrying him might raise flags with immigration authorities. However, marriage to a U.S. citizen can be a potential path for him to adjust his status, which means it could help him secure legal status over time.

The concern you mentioned about him being flagged as undocumented is valid, but it’s also true that many individuals in his situation are able to adjust their status through marriage to a U.S. citizen. This process typically involves filing paperwork with immigration authorities and going through interviews. It’s crucial that you both are prepared for the scrutiny that comes with this process, especially since he entered the country without inspection.

If lawyers have advised that marriage might be his best option for gaining legal status, it could be worth proceeding. Just be mindful that the process might not be quick or without challenges. Consulting with an immigration lawyer before taking any steps can give you both a clearer picture of what to expect and how to proceed in a way that minimizes any potential risks.

James L. Arrasmith
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Answered

A: It's understandable to have concerns about marrying your undocumented boyfriend, especially with the complexity of immigration laws. Marrying a U.S. citizen can be a potential path for your boyfriend to adjust his status, but there are important factors to consider. Since he entered the U.S. without inspection, there could be risks when trying to adjust his status, especially if the immigration authorities are involved. However, this doesn't mean marriage itself will automatically create problems.

If you proceed with marriage, your boyfriend could apply for a green card through you. This process usually requires filing paperwork and going through interviews. While this could be his only path to legal status, it’s important to be aware that his unauthorized entry might complicate the process, and in some cases, may trigger penalties or further scrutiny from immigration authorities.

You may want to consider consulting with a lawyer before making any decisions, as they can provide clarity on how marriage will affect his case specifically. Ultimately, marrying him could provide a legal path to his documentation, but understanding the potential hurdles and consequences will help you make an informed decision.

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