Reentering The U.S. Legally This Time

[iisandy1214]

My boyfriend has been in the US illegally for 13 years with a clean record until he was arrested for DUI in NY. He had his friends Drivers Liscense on him and Police arrested him assuming he was his friend and his fingerprints was taken for the first time. He finished court, paid his fine and case was closed. They now have a record of him with his friends identity.

Not long after, he left US to China illegally 3 year ago due to family issues and I have been traveling back and forth for the past 3 years and we are now offically married in China and have a baby together. My baby and I are both US citizens.
I want my husband to come to US legally with his own identity. My question is, will our baby speed the process of migrating him and his daughter from his previous relationship? (although my husbands name is not on my babys birth certificate, but baby has his last name)
Will his previous DUI case prevent him from entering into the US legally? Will his real identity cause a problem?

[Mr. Knowitall]

Your husband has a number of problems.

If he previously entered using somebody else's identity, he's already committed fraud to enter the U.S.

If he lies during his current effort to enter the U.S., that's fraud and can trigger ineligibility to enter, perhaps lifetime ineligibility.

If he tells the truth, his thirteen year overstay will trigger a ten year period of ineligibility to reenter.

When the USCIS runs his biometrics in association with any effort to get an immigrant visa, his prior illegal conduct may show up. Either way - getting caught in a lie, or confessing to having committed DUI and identity theft offenses - his ability to enter the U.S. is jeopardized.

He needs to consult an immigration lawyer.