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Old 11-14-2005, 10:47 PM
Alex Berd, Esq. Alex Berd, Esq. is offline
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Libra, this a very general answer (I cannot be more specific because each case is different and it depends on the conviction and many other elements):

1. If you love the person and want to get married - do it. This is your right, and nobody can take it away from you and your beloved one. Marriage ceremonies/registrations can be set up even if the person is imprisoned.

2. Even if your beloved has an INS NTA that charges him with an Aggravated Felony (AF) or Crime Involving Moral Turpitude (CIMT), don't give up - fight these charges! There are many things that can be done about the NTA, the criminal conviction, any possible defenses/waivers/relief tactics/stays of deportation/vacaturs of the conviction/appeals, etc. It is not easy, but you have to have the full picture, and know how to fight it.

3. Do yourself a favor and consult with a qualified and experienced immigration attorney. He should be a member of the American Immigration Lawyers Association (AILA). This is a voluntary organization of immigration attorneys only (no immigration representatives and notarios/consultants). Today's deportations laws and procedures are extremely complex and challenging. You must have a solid legal advice and an accurately prepared case.

4. In general, marriage to a U.S. citizen may be a very significant factor in the Immigration Judge's considerations. Certain reliefs specifically require an extreme hardship to the U.S. citizen spouse.

5. Never Give Up!

This reply is in the nature of general information, not a legal advice and should not be relied on as such.

Best regards and Good Luck,

Alex Berd, Esq.
Member of the American Immigration Lawyers Association (AILA)
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