only has a passport and they have a child he doesnt work out side the home. will this make him an american citizen please do not just guess this is very serious and i need facts
thanks
2006-08-10 11:01:09 · 6 answers · asked by carzzz1 2 in Family & Relationships ➔ Weddings
He needs to apply for residence, first.
A lawful permanent resident is a foreign national who has been granted the privilege of permanently living and working in the United States. If you want to become a lawful permanent resident based on the fact that you have a relative who is a citizen of the United States or a relative who is a lawful permanent resident, you must go through a multi-step process.
* First, the USCIS must approve an immigrant visa petition, I-130 Petition for Alien Relative for you. This petition is filed by your relative (sponsor) and must be accompanied by proof of your relationship to the requesting relative.
* Second, the Department of State must determine if an immigrant visa number is immediately available to you, the foreign national, even if you are already in the United States. When an immigrant visa number becomes immediately available to you, it means that you can apply to have one of the immigrant visa numbers assigned to you. You can check the status of a visa number in the Department of State's Visa Bulletin.
* Third, if you are already in the United States, you may apply to change your status to that of a lawful permanent resident after a visa number becomes available for you. This is one way you can apply to secure an immigrant visa number. Click here for application procedures for becoming a lawful permanent resident while in the United States. If you are outside the United States when an immigrant visa number becomes available for you, you must then go to the U.S. consulate servicing the area in which you reside to complete your processing. This is the other way in which you can apply to secure an immigrant visa number.
* Note: Information concerning the new K (advance admission for the spouse and children of a U.S. citizen) and new V (advance admission for the spouse and the minor children of a lawful permanent resident) nonimmigrant categories is available but not yet incorporated here. For updates on the Legal Immigration Family Equity (LIFE) Act, please click here.
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Eligibility
To be eligible to sponsor a relative to immigrate to the United States you must meet the following criteria:
* You must be a citizen or a lawful permanent resident of the United States and be able to provide documentation proving your status.
* You must prove that you can support your relative at 125% above the mandated poverty line. Click here to find out more information about meeting this criteria and filing the Affidavit of Support.
* If you are a US Citizen you may petition for the following foreign national relatives to immigrate to the United States; however you must be able to provide proof of the relationships:
o Husband or wife;
o Unmarried child under 21 years old;
o Unmarried son or daughter over 21;
o Married son or daughter of any age;
o Brother or sister, if you are at least 21 years old; or
o Parent, if you are at least 21 years old.
* If you are a lawful permanent resident you may petition for the following foreign national relatives to immigrate to the United States; however you must be able to provide proof of the relationships:
o Husband or wife; or
o Unmarried son or daughter of any age.
To be eligible for lawful permanent residence based on a family relationship you must meet the following criteria:
* You must have a relative who is a United States citizen or a lawful permanent resident of the United States who can provide documentation proving their status and is willing to sponsor you for lawful permanent residency by filing the I-130, Petition for Alien Relative.
* Your relative must prove they can support you by providing documentation that their income is 125% above the mandated poverty line for their family, including you and all other sponsored family members. Click here to find out more information about meeting this criteria and filing the Affidavit of Support.
* If your relative is a US Citizen and they can legally prove you share one of the following relationships, you may be eligible for lawful permanent residency, please see below for preference category information.
o Husband or wife;
o child under 21 years old;
o Unmarried son or daughter over 21;
o Married son or daughter of any age;
o Brother or sister if you are at least 21 years old; or
o Parents if you are at least 21 years old.
* If your relative is a lawful permanent resident and they can legally prove you share one of the following relationships, you may be eligible for lawful permanent residence, please see below for preference category information:
o Husband or wife; or
o Unmarried son or daughter of any age.
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Preference Categories
The relative you wish to immigrate must obtain an immigrant visa number that is based on the preference category in which they fall.
People who want to become immigrants are classified into categories based on a preference system. The immediate relatives of U.S. citizens, which includes parents, spouses and unmarried children under the age of 21, do not have to wait for an immigrant visa number to become available once the visa petition filed for them is approved by the USCIS. An immigrant visa number will be immediately available for immediate relatives of U.S. citizens. Click here for information on obtaining an immigrant visa number if you are an immediate relative of a U.S. citizen. The relatives in the remaining categories must wait for an immigrant visa number to become available according to the following preferences:
* First Preference: Unmarried, adult sons and daughters of U.S. citizens. Adult means 21 years of age or older.
* Second Preference: Spouses of lawful permanent residents, their unmarried children (under twenty-one), and the unmarried sons and daughters of lawful permanent residents.
* Third Preference: Married sons and daughters of U.S. citizens.
* Fourth Preference: Brothers and sisters of adult U.S. citizens.
Once USCIS receives your visa petition, I-130, Petition for Alien Relative, it will be approved or denied. USCIS will notify the person who filed the visa petition if the visa petition is approved. USCIS will then send the approved visa petition to the Department of State's National Visa Center, where it will remain until an immigrant visa number is available. The Center will notify you, the foreign national, when the visa petition is received and again when an immigrant visa number is available. You do not need to contact the National Visa Center, unless you change your address or there is a change in your personal situation, or that of your alien relative, that may affect eligibility for an immigrant visa, such as reaching age 21, marriage, divorce, or death of a spouse.
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Visa Information
The Department of State is responsible for providing visa numbers to foreign nationals interested in immigrating to the United States. To find out more about the Department of State's visa process visit the Department of State or click here for specific information on how to get an immigrant visa number.
To check the status of a visa number you can review the Department of States Visa bulletin.
How Do I?
Choose one of the following to obtain information on sponsoring a foreign national relative for family based lawful permanent residency:
* How Do I Remove the Conditions on Permanent Residence Based on Marriage?
* How do I bring my spouse to the U.S. to live?
Application procedures
* How do I bring my parents to the U.S. to live?
Application Procedures
* How do I bring my child(ren) to the U.S. to live?
Application Procedures
* How do I bring my brother/sister to the U.S. to live?
Application Procedures
Click here for general information on application procedures for foreign nationals, residing in the United States.
If you are outside of the United States and need information regarding immigrating to the United States contact your local consulate office.
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Where do I apply
If you are applying for lawful permanent residence from inside the borders of the United States, click to help you find the USCIS field office(s) serving your area.
If you are applying for lawful permanent residence outside the United States contact the consulate office serving the area in which you live for application filing instructions.
Additional information related to Lawful Permanent Residence that you might need to review.
* I want to work while my application for lawful permanent residence is pending.
* I need to travel while my application for lawful permanent residence is pending.
* I need to replace my permanent residence card.
* Fingerprint procedures for applicants
* How Do I Remove the Conditions on Permanent Residence Based on Marriage?
2006-08-10 11:08:16 · answer #1 · answered by Anonymous · 2⤊ 0⤋
I would think it is legal but I'm not positive. My cousin, who is Canadian, married an American girl and they live in New Jersey. Their marriage is completely legal and they have 1 daughter and a child on the way. However, my cousin does work so he may have something else that makes the marriage that much more legal. I know that he has not become an American citizen but it could be different since it's Canada and the United States involved in their union.
The best place to check would be with the Department of Immigration. They probably have pamphlets or other information you can get off their website that will answer these questions for you.
Their website is:
http://www.uscis.gov/graphics/index.htm
2006-08-10 19:08:11 · answer #2 · answered by Patricia D 4 · 0⤊ 0⤋
the second person who answered pointed you in the right direction - the LAW.
you actually have two questions here:
1) is it legal to marry an illegal alien
2) how can your new son-in-law become legal
to answer #1, yes, i think it is legal (but check)
for #2
you should consult an immigration attorney with a good reputation. often, catholic charities & other non-profits are good & wont rip you off.
a lot of this depends on how your son-in-law got into the country, how long he has been illegal, etc.
as for canada - the same rules apply! there are many ways to live and work in the USA legally without becoming a citizen or permanent resident.
remember that we will all need passports to travle to.from canada/usa/mexico soon. should've been that way all along - we are 3 different countries.
btw, my friend's husband overstayed his visa while they were in the USA. they then left & lived in europe. the next time he tried to come back in he was stopped & banned. they were already married for a couple of years, but it didnt matter. it took many long months & some political connections, but eventually he was granted lawful status. the message here is to take this all very, seriously. even getting married is not a guarantee of legal status.
good luck with your situation
2006-08-10 22:33:41 · answer #3 · answered by triciac3000 1 · 0⤊ 0⤋
im a US citizen. my husband is a permanent resident. i first had to file papers with the embassy ( where he was from ) and waited until they gave us an interview. then they approved him and gave him a visa to enter the usa as a permanent resident. this was all through marriage. that means i filed his application for him and stated that i, a US citizen, want to marry him and i wanted him to live with me in the USA. so i filed for him. when he recvd his visa then we had our wedding there. since i wanted too. but you can also have the wedidng in the usa.
does he have a visa? im sure he doesnt if you said he was illegal. well the best thing to do is go to your immigration office in your city or the one nearest. and your daughter should file some paperwork for him. tell them the story and im sure they would help out.
this wont make him a US citizen that fast. they need to stay married for 3 years befor he can apply to becom a US citizen. and that all depends if he passes the test.
this will allow him to work. if the paperwork is all done and he will then be a permanent resident. he will have all rites, except to vote. and he would need to stay in the USA as much as possible. traveling should be kept at a minumum.
tell your daughter to start the paperwork with the immigration and then see how things go befor planning the wedding.
2006-08-10 19:45:57 · answer #4 · answered by All4Christ 4 · 0⤊ 0⤋
I think there's no problem of getting married to an illegal alien as long they're truly in love. I have a friend who is an American citizen and she got married to a jumped ship seaman. They got married in LA. They have a perfect family and have 2 beautiful kids now. The only advice I can give you is to check the background of the guy. Maybe he is married already in his country or he is taking advantage for him to stay legally and he will file a divorce after he got his permanent residency. Married for convenience for short.
2006-08-11 00:09:46 · answer #5 · answered by FRANCIS 1 · 1⤊ 0⤋
nah..u have to wait 5 years to be a citizen...anyways sounds like your daughter is junk anyways
2006-08-10 23:05:04 · answer #6 · answered by Anonymous · 1⤊ 1⤋