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Can marrying an inmate who does not have an immigration hold but could be facing deportation prevent him from being deported?
Anonymous2 views4 answers
I dont know how you know if there is or will be an immigration hold on an inmate. There is no information stating such on his DOC website. This inmate is incarcerated under a made up name with no documents to support this identity, however, his fingerprints and dna comes back to the name in which he is incarcerated under. His real government name is listed as an alias under his incarcerated name. How or will they find out this discrepancy? Under what name would you marry under to prevent anything from happening.. this is a very sticky situation and I am scared to ask for help and sketchy as to who to trust to ask..
A valid marriage to a US citizen while in removal proceedings is one way to "fix your papers" for an illegal alien. This would depend on many factors though (criminal history, prior immigration issues, evidence of a real marriage...). Like you said, this is a sticky situation and you need to sit down with someone and discuss your friend's options. You can look at AILA (American Immigration Lawyers Association) website for immigration attorneys in your area. You can meet with a couple people to see who you would like to work with. Good Luck.
Massachusetts Immigration Attorney
www.gagarinlaw.com
Based on the facts, you state you know that there is an ungoing fraud with respect to the alien in custody. I want to quote from 8 U.S.C § 1325(c) which states that any "individual who knowingly enters into a marriage for the purpose of evading any provision of the immigration laws" can be subject to up to 5 years in prison and a fine of $250,000.00.
This should answer all of your questions.
Fingerprints and DNA are not going to lie so the authorities are going to find out who he really is. That being said, his name is listed on his birth certificate. He can certainly have alias, but at the end of the day his legal name is on his birth certificate. The fact that he provided a fake name is certainly not a positive factor in resolving his problems.
Whether marriage will solve the immigration issues cannot be determined until your boyfriend’s criminal and immigration histories are reviewed and the issues are identified. You should consult with an experienced immigration attorney who can provide case specific advice.
