Can I marry my fiance while he is being detained in ICE?

Business 2 views 4 answers
I am a U.S citizen and my fiance has been in this country for 23 years. He has a past criminal record and his permanent resident card expired. He is currently being detained in ICE. He has 4 daughters who are US citizens and the youngest is 10 mths old. He has not committed a crime since his last arrest in 2002. He is a responsible man and pays his taxes and goes to work. I am seeing an immigration lawyer tomorrow but was wondering if marrying him while he is detained help him? Thanks!

Attorney Answers

4
Eric Mark ·
The simple answer is maybe. You are entitled to marry him while he is in detention. The difficult thing is obtaining a marriage license, which requires both parties to appear in person. If you are able to obtain a marriage license you can get married while he's in detention. Whether or not it will help him obtain or retain status is another question. It depends on why he is being deported. What was he convicted of? Has he ever had other immigration proceedings? What are the needs of his children? What is your medical and financial situation? You are doing the right thing by getting a lawyer.
0 upvotes
C Abbott ·
My colleague has provided an excellent comment. You need to discuss this fully and frankly with the immigration attorney tomorrow. That attorney will be able to provide you with a legal opinion as to what options are available and the pros and cons of the options. Good luck.
0 upvotes
Javier G PinedaImmigration AttorneySanta Ana, CA ·
I agree with my colleagues. Tomorrow, make sure you take with you all of your fiance's immigration and criminal history. As detailed as possible. The attorney will need to first determine if your fiance is deportable, and if so, if he is eligible for a defense. Your possible marriage should be considered when evaluating the defenses, and if none, marriage will not make any difference. Good luck.
0 upvotes
J Ferrari ·
I agree with my colleagues.
0 upvotes

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