Illegal Immigrant

[witty username]

What is the name of your state? MA
I found this forum for another reason, but realized what good advice I can get. I have a few questions. My niece began dating a young man who came over to the US from South America several years ago (on a student visa I believe). That has since ran out and he has been working in a restaurant ever since. My niece has married this young man (he just needed to show his international drivers license) and they are now expecting a baby. She told me that his attorney told them to get married so he could remain in the US . From what she tells me, he does not have a SSN (I have no idea how his employer pays him - as it is a will known restaurant), the apartment they rent is in her name only, and she has applied for public housing (awaiting a space). I feel that she has gotten herself into a mess by marrying him, but who am I to say anything. I guess my questions are: Is it an "automatic" that he will be allowed to stay just because they are married and expecting a child? Can his illegal status prevent her from moving into public housing (he would be moving there with her, I assume they would want his information too). Just how bad of a situation can this be, if any? I appoligize for the length of this, and appreciate any information.What is the name of your state?

 

[ImmigAttyLana]

Nothing is automatic just because he got married and they are expecting a child. However, as long as he entered the US lawfully, is now married to a US citizen and the marriage is bona fide and they file all the appropriate paperwork with the USCIS (they also need to show that she or she with a co-sponsor have the ability to provide for support of him through income and/or assets). He should then be eligible for adjustment of status to permanent residence. Their attorney SHOULD be giving them all this information!!!