Can an Illegal Immigrant Obtain a Green Card Through Marriage in the USA?

Question from James, Can an Illegal Immigrant Obtain a Green Card Through Marriage in the USA?

Answer from AI:

Marriage to a U.S. citizen or lawful permanent resident provides foreign-born persons a direct path to U.S. immigration. However, it’s important to note that marrying a U.S. citizen or permanent resident does not automatically grant the immigrant spouse legal status or a green card. There are several steps involved, and the process can be complex, especially for those who entered the U.S. illegally.

General Process for Obtaining a Green Card Through Marriage

Typically, the process for obtaining a green card through marriage involves the following steps:

1. The U.S. citizen or permanent resident spouse must file a petition with U.S. Citizenship and Immigration Services (USCIS) on behalf of the immigrant spouse.
2. If the petition is approved, the immigrant spouse will apply for a green card, either through a process called “adjustment of status” if they are in the U.S., or through consular processing if they are abroad.

However, for those who entered the U.S. illegally, the process is more complicated. Under the Immigration and Nationality Act Section 212(a)(9)(B)(i), an individual who was unlawfully present in the U.S. for more than 180 days but less than one year, and then departs voluntarily, is barred from reentry for three years. If the unlawful presence was for one year or more, the bar to reentry is 10 years.

Waivers and Exceptions

In some cases, the immigrant spouse may be eligible for a waiver of the unlawful presence bars. To qualify for this waiver, the immigrant spouse must demonstrate that their U.S. citizen or permanent resident spouse or parent would suffer “extreme hardship” if the immigrant spouse were not allowed to return to the U.S.

It’s important to note that “extreme hardship” is a high standard to meet and typically involves more than the normal hardship a family would experience due to separation. Factors that may be considered include financial hardship, medical issues, and country conditions in the immigrant spouse’s home country.

Consulting a Legal Professional

Given the complexity of immigration law and the high stakes involved, it’s strongly recommended that individuals in this situation consult with an immigration attorney. An attorney can provide personalized advice based on the specific facts of the case, help prepare the necessary paperwork, and represent the immigrant spouse in dealings with USCIS.

Please note: This information is intended to provide a general overview of the process and does not constitute legal advice. Each case is unique, and laws and procedures can change. Always consult with a legal professional for advice tailored to your specific circumstances.