How can I help my fiancée that was about to be deported due to an expired student visa?

My fiancée was here in the US with a student visa however it expired and he was later detained at the checkpoint. Will he be deported, how can I help him from being deported

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Answered By: Feldman Feldman & Associates, PC

Tell him not to sign anything and speak with an immigration attorney as soon as possible to see what his options are and if there arent any the attorney will help negotiate voluntary departure to preserve options to return in the future.

Answer Applies to: California
Replied: 11/6/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: World Esquire Law Firm

If he is not in removal proceedings and you marry him in good faith, then he will be able to adjust his status. We can help. But if do it yourself, then please consult with an attorney first as he or she may be able to offer many options that you may not be aware of.

Answer Applies to: California
Replied: 11/4/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Miller Conway

Is your fiance still detained? If yes, contact an immigration attorney. If no, he should seek to adjust status based on his relationship with you (a U.S. citizen).

Answer Applies to: South Carolina
Replied: 11/3/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Fong & Associates

If he does not have a valid nonimmigrant status, he is deportable. If you marry him and file for him, then he may be able to get his permanent residence here in the US. He may need to adjust status in immigration court. There is a higher burden of proof for the validity of the marriage if you marry in deportation proceedings.

Answer Applies to: Texas
Replied: 11/3/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The Law Offices of Kristy Qiu

He probably will. He's better off leaving voluntarily, then file for a waiver, get married, so that you can petition for him to come back to the US. The chances of them letting you marry him now and adjust his status pending deportation hearing is slim.

Answer Applies to: Florida
Replied: 11/3/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Offices of Grinberg and Segal

The best way to help your fiancé is to seek an experienced attorney to represent him. He will likely be placed in removal proceedings. Depending upon his circumstances, he may be eligible for relief in the United States. It is important that he speak with an attorney to see what, if any, relief could apply for before he is ordered removed or waives his right to a hearing.

Answer Applies to: New York
Replied: 11/3/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Offices of Kenneth Wincorn P.C.

If you are engaged then you can sponsor him.

Answer Applies to: Texas
Replied: 11/2/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.