Ask Your Legal Question. Legal Experts Answer You ASAP.

(Not a Legal Question?)

can an illegal alien get legal status by marrying a green card holder?
Sent to Legal Experts July 01 03:23 PM

the green card holder is aplying for citizenship

 

Optional Information:
quincy, Massachusetts

Already Tried:
nothing else really

Customer (name blocked for privacy)
Answer
July 1 3:59 PM (35 minutes and 53 seconds later)
         
ACCEPTEDCheck Mark

Hello,

Ilegal aliens can get permanent residence status (often called the "green card") by marrying a US citizen or permanent resident alien. If the person originally entered the United States legally but overstayed his or her visa, than it may be possible for him or her to "adjust status" to that of a permanent resident (i.e. get a "green card") if the US citizen or permanent resident alien completes a series of petitions including one that proves that the US citizen/ or green card holder can financially support the illegal alien.

If the alien is illegal because he or she snuck into the United States without any visa or permit, than that person cannot "adjust status" and has to leave the country before obtaining a green card. If the person was illegally in the country for more than a year, than he or she is barred from ever coming back for 10 years (known as the "10-year-bar") The only way to overcome having the 10-year-bar is by the US citizen/green card holding spouse filing a petition for a waiver of the bar. The petition has to prove that it would cause extreme and exceptional hardship to him or her to move to his or her spouse's country. Only three years after the person has the green card can they apply for citizenship, and they must still be married to the original citizen who got the green card.

My suggestion would be to consult with an immigration attorney.

USCIS




Think you can answer this question?
Login or Become an Expert

 

DISCLAIMER: You acknowledge that any information you may obtain from individuals you contact through use of the Just Answer service comes from those individuals, not from Just Answer!, and that Just Answer is not in any way responsible for any of the information these third parties may supply. The site and services are provided "as is" with no warranty and no representations are made regarding the qualification of an Expert. Responses and comments on Just Answer! are for general information and are not intended to substitute for informed professional advice (such as medical, legal, investment or accounting) and do not establish a professional-client relationship. Just Answer! is not intended or designed to address EMERGENCY QUESTIONS which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.

Just Answer! > Legal