Attorney Eneida Roman – “The Man I’m Supposed To Marry Had His Work Permit Expire 8 Years Ago…What’s Going To Happen?”

QUESTION: Hi Ms. Roman. My question is this. My boyfriend and I have been together for a little more than 9 years. Together we have 3 beautiful children. The problem is that he had a work permit but he let it expire 8 years ago, simply because he was young and careless. Now we are planing on getting married (finally!) next year. But I’m scared because I’ve been told he will have to go to his country, El Salvador, to wait for papers. He is the only one working and we have a hard time making ends meet. The way the economy is right now, very few jobs are to be had. I have filled out about 5-10 applications a day with no call backs so far. Is there any way to get around him having to leave?

ATTORNEY ROMAN’S ADVICE: Congratulations on your marriage. I understand how difficult the situation is for someone without a valid employment authorization in this country. If he had employment authorization at some point, I would highly recommend that your spouse request for a Freedom of Information Act Request (FOIA) to inquire as to exactly why his work authorization was not re-approved, and so you know exactly how to move forward with his case. He should have been able to renew his work authorization if he has never been in trouble with the law. What you are making reference to sounds like what is commonly referred to as a “Waiver” case. I would highly advise you to consult with an immigration attorney before making any major decisions that will affect your family’s welfare.

Best of luck.

Eneida Roman, Esq.


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