If an undocumented worker (Mexican "illegal alien") marries a US citizen, will he be able to stay in the U.S. while they file their paperwork for permanent residency?
2006-08-28 14:48:38 · 9 answers · asked by Anonymous in Politics & Government ➔ Immigration
yes you have to be marry at least for 3 years in order to fill paper work and yes the person could stay
2006-08-28 14:51:22 · answer #1 · answered by EVY 3 · 0⤊ 0⤋
Immigration law allows for an illegal alien to adjust his/her status in the United States upon marriage to a US citizen. The question is whether the illegal immigrant entered without inspection (i.e. snuck across the border) or with inspection (i.e. port of entry at airport, canadian/mexian port of entry)? If the alien "snuck" across the border without receiving any stamp in his/her passport, the law does not allow for him/her to adjust status in the United States. Under those circumstances, it's wise for that person to seek assistance from a qualified immigration attorney.
If the illegal alien entered the US at a porty of entry, but overstayed, he/she qualifies for adjustment through marriage. If there is a criminal charge, it's wiser for spouse and the illegal alien to seek counsel from a qualified immigration attorney as the type of crime determines eligibility for permanent residency in the US.
I hope this helps...
2006-09-01 14:23:12 · answer #2 · answered by mollywarriorpuppy 2 · 0⤊ 0⤋
Yes, as long as the "illegal alien" does not have a criminal history. When the alien files, he/she will need to get fingerprinted and they will check the fingerprints against known felons. A traffic ticket won't hurt you but former convictions for identity theft will. If they identify that you are a felon, they will kick you out of the country.
2006-08-29 02:52:14 · answer #3 · answered by Anonymous · 0⤊ 0⤋
If the marriage is not visa fraud,and the marriage is legitimate, , the HSO can adjudicate it . It may take quite some time for the final adjudication, immigration officers sometimes have backlogs of 2 -3 years .....Visa fraud is an offense punishable by a $5000.00 fine and or imprisionment for up to 5 years.
2006-08-28 15:01:26 · answer #4 · answered by sundance 1 · 0⤊ 0⤋
No, the I.A. would have to go back to Mexico, have the paper worked filled, then come back to the United States legally. As long as the I.A. does not have a criminal record, Everything should go smoothly. It will then only take time and money.
2006-08-28 16:31:39 · answer #5 · answered by Green 2 · 0⤊ 0⤋
I hope reignydey is right. If they are really in love the U.S. citizen could go down there and live, while the criminal (that's right) applies for legal visa.
2006-08-28 15:06:01 · answer #6 · answered by robyn o 3 · 0⤊ 0⤋
Alien is fine – anal probes are out of the question.
2006-08-28 14:54:53 · answer #7 · answered by ★Greed★ 7 · 0⤊ 0⤋
No, they cut that law as well as having a baby here.
2006-08-28 14:57:39 · answer #8 · answered by reignydey 3 · 0⤊ 0⤋
no, he has to go home first.
2006-08-28 16:59:56 · answer #9 · answered by Ananke402 5 · 0⤊ 0⤋