Hi Eleanor,
I am actually an immigration attorney with over 10 years of experience dealing with complicated cases. I live in the Hamilton Park area and have my own law firm in downtown Manhattan. If you would like to discuss your case with me further, I'd be more than happy to.

You can contact me by phone or email. My office number is 212-748-3335, and my email address is tyee@ydpimmigration.com.

Regards,
Tsui Yee

I guess that's what you get for playing by the rules. I hope it works out for you and he gets to stay. I saw a similar thing happen to a co-worker, she said "screw it" and went back to Japan- but she didn't have the resources to fight it or any other reason to stay.

Please be more specific by what you mean by "residency status." What status are you referring to? What has been his basis for remaining in the U.S.?

We're not really sure why they are not renewing his residency status. It has nothing to do with a work visa (he's been legally and very gainfully employed since he arrived from Ecuador 5 years ago). He has also been paying his fair share of taxes. He's considered one the best and most hardworking guys at his place of work.

He does not have any criminal record whatsoever. He's been so grateful for his chance to be here in the US that he gives back by volunteering.

He goes to school and is VERY serious about improving his English.

That all said, we've talked about what we would do if he was forced to go back. While we both wanted it ultimately to be up to us when we got married, we both made the decision that this is what we would do if ICE stepped in. It's something we've both been prepared for (but didn't really think it would happen, but it has).

You really need to see what the facts are and what the relationship is. Based on the situation presented, I am gathering that "they weren't going to renew his residency" means that a company was not going to extend a work visa? I am not clear on this.

Generally, if an entry into the U.S. was a legal one and there are no special circumstances (arrests, etc.), a marriage to an American citizen based on love will solve the issue of someone being out of legal status. DHS just not just "send people back." USCIS can deny a case if they believe the marriage was a fraud, if there was an illegal entry or something else happened.

With that said, marriage is not something to take lightly. A conditional Green Card is issued in these situations which is only valid for 2 years. The couple must then reapply 2 years later for a 10 year card.

You won't get in "trouble" if you marry; however, they may still send him back if you marry him. Best of Luck. I know lots of people in the same situation.

I pm'd you as well.

Just PMd you.

We are kind of in a bind here. My boyfriend is a legal resident but was told they weren't going to renew his residency. Our first thought was to run to city hall to get married but we don't want to get in trouble with immigration and make the situation worse. We're not really sure where to turn.

Also-- can anyone who's gone through this process offer any advice?

It just kills me that they want to send back such a hard-working, honest and decent person with such a strong work ethic. This country could really use more people like him.