Came here 5 years ago and am not a citizen. Have been married for 5 years to an american citizen. We have a 4 yr old son together. After 5 years, is that person considered a legal alien resident? if so, can that person apply for a job?
2007-01-17 06:16:15 · 6 answers · asked by just a friend 1 in Politics & Government ➔ Immigration
they have the right to go back to their home country where they belong and then start the immigration process LEGALLY.
2007-01-17 06:25:07 · answer #1 · answered by Dizney 5 · 1⤊ 2⤋
No. Citizenship through marriage is no longer automatic. The only piece of good news here is that the fact that you have a child together makes it somewhat less likely that the government will think that the marriage is a sham meant to allow him to stay, and deport him merely for that reason. Although it is not entirely impossible for a person who is married to a U.S. citizen to become a citizen, it is extremely difficult, not automatic, and often harder than it would have been if the person was not married. Additionally, in nearly all cases, it is impossible to make an illegal alien into a citizen. If you want to try, the first step is for him to leave the U.S., get permission to re-enter the U.S. legally from a location outside of the U.S., and return to the U.S. legally as a non-citizen.
2016-05-24 00:38:11 · answer #2 · answered by Anonymous · 0⤊ 0⤋
you are never given any status by the government unless you apply for it, if they are illegal, they are illegal forever until they apply for residency, then they must wait at least 3 years for the option to apply for citizenship. Sounds like you wasted 5 years when you could already be a resident. Apply now, then you will need to return to your country of origin (once given a date with the embassy) for a minimum of 5 mos. more likely 1 year. Then if approved you become a resident and can live and work in the US. Once you apply the first embassy date will be announced approx 2 years later. So you will have been here 7 years before they even tell you to go to your country. Good Luck!
2007-01-17 07:04:45 · answer #3 · answered by Mendi8a 5 · 2⤊ 0⤋
Being married does nothing to change the illegal alien's status.
You need the services of an immigration attorney.
Most likely, the illegal alien will need to go home (self deport) and the husband petition her as a family member. If all goes smooth it will take about a year to get a visa. But like I said, you really need to consult with an attorney who deals with immigration matters.
2007-01-17 06:34:02 · answer #4 · answered by Yak Rider 7 · 0⤊ 1⤋
This individual is going to have to go through the proper paper work to be considered for a legal citizenship. y'all being married is probably going to work in your favor. I apologize that i don't know the right avenues to get your paper work done but i wish y'all the best.
2007-01-17 06:24:37 · answer #5 · answered by capt_tmay 1 · 1⤊ 0⤋
I suggest you check with immigration. they will have the right answer for you.
2007-01-17 06:23:13 · answer #6 · answered by Yafooey! 5 · 1⤊ 0⤋