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When a legal citizen married an illegal immigrant, The illegal immigrant was deported. What does CA law say about how an illegal can become legal.

2006-06-12 17:25:56 · 26 answers · asked by Robert H 1 in Politics & Government Immigration

26 answers

Nope sorry she isn't a legal citizen just cause she married one.

She still has to apply for citizenship and go through all the same paperwork and red tape that everyone else does, but in addition to that she and her new husband get surprise visits from the Immigration and Naturalization Service to help prove that it is a real marriage and not a sham just to get her a green card.

2006-06-12 17:29:10 · answer #1 · answered by whatelks67 5 · 0 0

Generally unless the illegal commits a felony then there isn't much chance of them getting deported. The US does not want to spend money to deport them to have them come right back illegally again. However if a legal citizen marries an illegal they are not just automatically considered to be legal. They have to apply for citizenship through Immigration just as if they were coming here legally. And there is the possibility that even though they have married INS may require they go back to their country for a certain amount of time to be granted a visa legally and/or get a legal green card to be here.

2006-06-12 18:52:00 · answer #2 · answered by sarteaga1970 3 · 0 0

Immigration laws are federal laws which means it includes all the U.S.A. If a lega marries an illegal does not make an automatically legal citizen until the papers where filled and processed which takes from 2-3 yrs. When the illegal was deported for criminal reasond the legal spouse cannot do nothing to claim the illegal spouse. Otherwise if is not for criminal reason the spouse can initiate the request for legal residency to CA which also takes time. This information is available to you through USA Immigration website for free. http://www.usimmigrationsupport.org/
Lawyers are not required to fill out the forms. Good luck!

2006-06-12 17:33:50 · answer #3 · answered by Friendly adviser 1 · 0 0

i don't know about ca, but if i am right the same is for all us, by marriage a person can get a ss# live and work in us as long as they do not break any federal laws and get convicted. if they do they can be deported with no chance to ever return. but no one is a citizen until they go through the process of being naturalized. some countries permit dual citizenship. not the us. to be naturalized you must give up citizenship to another country, even if they do permit dual. i have a friend who has lived here for over 20 years, worked, has ss#, paid taxes just like everyone else, she married an american citizen, but has never been naturalized and if he should die she would then be illegal. and the naturalization test.. i have seen it or at least the study test, the questions are stupid, and are things most any of us would never know unless we were a history major or political science professor. things that are useless in our normal daily lives. but that's my opinion. check with your naturalization and immigration office for the best chance of the right answers.

2006-06-12 17:41:53 · answer #4 · answered by tsawasi333 1 · 0 0

No. Nowhere in the U.S. is this the case, by federal law. No matter how long an illegal immigrant has been married to a citizen of this country, he/she does not bcome legal or a citizen without going through a certain amount of paperwork as well as fulfilling other requirements. To find out what the law says, call the nearest INS office and ask. Governmental employees love to feel they are helping you out.

2006-06-12 17:31:17 · answer #5 · answered by quietwalker 5 · 0 0

No, but it does give the illegal person priority in getting a green card. If the illegal immigrant was deported, then you have to apply to INS to bring that person back legally. You really ought to get a lawyer...the immigration process is long and can be very difficult to get through without help.

2006-06-12 17:31:40 · answer #6 · answered by preziosa_1214 1 · 0 0

If a US citizen wants to marry lets say a mexican woman who is illegal. Most of the time they will have a meeting with someone from the govt not sure what they are called, who basically approves the marriage. This just means they dont think they are getting married so she has citizenship. But once they are married yes.

2006-06-12 17:29:14 · answer #7 · answered by Anonymous · 0 0

To my knowledge, they must file paperwork through immigration. Then, when they receive a court date, they have to pay so much money for the court cost, and sometimes the judge will will let them stay through the whole process, sometimes they have to wait in their country until immigration makes a decision. It is a very long process, and very time consuming. I am trying to get my man legal also, and it is scary thinking he may be deported until a decision is made, because we have 4 kids.

2006-06-12 17:33:52 · answer #8 · answered by chabela0731 3 · 0 0

They can't be deported but they cant get citezenship for three years. After they have been married for three years and can prove they have been actually living together for three years (I would so like to read the law that says married couples have to live together) then the person can apply for citizenship and get it if they can pass a boring history test.

2006-06-12 17:38:58 · answer #9 · answered by yourdoneandover 5 · 0 0

Citizenship is a federal law applied the same all over the country, not just in California.

2006-06-12 17:49:26 · answer #10 · answered by frankie59 4 · 0 0

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