As we mentioned at the beginning, yes, it is possible to get married in the United States while it is illegal. In fact, many U.S. citizens regularly marry undocumented immigrants. However, it must be determined whether the undocumented immigrant entered the United States legally or illegally. Marrying an undocumented immigrant does not solve the immigration problem, but there are remedies for most couples. Solutions usually depend on how the immigrant entered the country and the citizenship status of the person they married. These factors also determine how the undocumented immigrant can apply for permanent resident status (green card). Some may be able to adjust their status in the U.S., while others may need to leave the U.S. to apply for a green card through consular processing. The problem that most undocumented immigrants face when processing immigrant consular visas is that illegal immigrants are, by definition, immigration offenders. Therefore, they have at least one illegal presence in the United States. U.S. immigration law states that a person who resides in the U.S.
for more than one year without authorization is subject to a 10-year ban after leaving the country before being allowed to return. Our process for obtaining a green card is simple and straightforward. Unless your undocumented spouse has entered the U.S. legally, been granted parole, or has accumulated less than 180 days of illegal presence, there are generally four steps you need to follow to apply for a marriage green card under U.S. immigration law: It should be noted that the temporary waiver of illegal presence only addresses the reason for inadmissibility of illegal presence. Intended immigrants with multiple grounds of inadmissibility may need a more complete I-601 exemption application. We strongly recommend that you work with an immigration lawyer to apply for an exemption. If you read this guide to marrying an illegal immigrant, you can see that our immigration lawyer is very familiar with the types of immigration issues that affect them and can prevent them from obtaining lawful permanent resident status in the United States. Usually, if you marry an illegal immigrant, the best way is to get a consultation with us, an immigration lawyer, so that you and your spouse understand your particular situation. We analyze your situation and advise you on the best way. As a spouse with U.S. citizenship, you must file Form I-130 with USCIS, which states that your spouse must apply for a green card from his or her home country.
If I-130 is approved, a notification will be sent by the National Visa Center. This will inform you that you need to submit the immigrant visa application and pay the immigrant visa fee. If you wish to file the application for a temporary exemption, you must first obtain a receipt indicating that you have submitted the immigrant visa application. Keep in mind that if you marry a U.S. citizen or resident, the alien will be able to obtain permanent residency. Second, DACA recipients can apply for an “Advance Parole” travel document that allows travel outside the United States. If your spouse used an early parole document to return to the U.S. after traveling abroad, they should be able to apply for a U.S.
marriage green card as an adjustment of status. The reason they can adjust the status is that their last entry into the United States was legal. The last problem that may affect your spouse and is a problem for some illegal immigrants here in the United States has two possible components. Your spouse may have a criminal conviction that makes your spouse inadmissible to the United States. Alternatively, your spouse may have committed immigration fraud or made a material misrepresentation to immigration authorities. Both of these issues result in your spouse being inadmissible and not eligible for a green card. However, if your spouse entered the U.S. illegally more than once, entered illegally after deportation, or entered illegally after staying in the U.S. for more than a year without legal status, they may be subject to a permanent lifetime ban from entering the U.S.
Click here for more information on the consequences of illegal entry. If you`re married to an undocumented immigrant, you`re not alone. According to the Wall Street Journal, about 1.2 million undocumented immigrants are married to U.S. citizens. And that number doesn`t even include undocumented immigrants married to U.S. permanent residents. A marriage green card protects your spouse from deportation and paves the way for naturalization as an immediate relative.