My cousin is illegal and has been living here for over 7 years. He has been with his wife for 4 years, but have only been married for 1 year. They are both 20. Is he elgible for a green card? I'm not sure how this work so I'm trying to help him out. Please no dumb answers...I'm just helping out a family member.
2007-12-19 18:58:27 · 9 answers · asked by irving_vazquez0504 3 in Politics & Government ➔ Immigration
I've read some where that spouses, parents, and children of a U.S. Citizen have no waiting time or something like it. I'm confused.
2007-12-19 19:04:00 · update #1
The laws vary based on what country hes from. Usually if you are here illegally to begin with you can not get a visa while you are here weather your married or not. I know this is a possitive fact if hes from mexico (experience and lawyers). Bush did away with amnesty when he became presedent. His wife could start the prossess by filling her side of the paperwork here but he would have to return to mexico to file his paperwork and then wait for a visa to become available which can take any where from 3 mo to 10 years. Also if he has been deported before he cannot return leagaly for 10 years at least. He will need a good lawyer nomatter how he decides to go about it.
If you have a family here to support the courts might take that into condideration, plus he could also petition the court for a temporary visa untill his actual appllication has been proscessed and considered. Like I said it could take as little a 3 mo. but its the luck of the draw to wait on the actual court hearing whatever avenue you go down.
also if his wife files papers here he can remain here illeagaly untill its time to proscess his papers in mexico, if he doesnt get caught here. But the proscess of her filling can sometimes trigger deportation.
2007-12-19 20:14:25 · answer #1 · answered by loquitaamericana 5 · 3⤊ 0⤋
Your cousin's American wife has to file a petition (I-130) for him. The Citizenship and Immigration Service will require him to leave the country, go back to where he belongs, and be interviewed by an American consular officer at the US embassy or a US consulate.
It's likely he'll be rejected and banned from the United States for up to 10 years. This is due to his status as an illegal alien. At this point he will file a request for a waiver (I-601) with the embassy or consulate that rejected him. I highly recommend that he use an experienced American immigration attorney to process the waiver request.
If he has no criminal record in the United States and if he's been paying his state and federal income taxes there's a good chance the waiver will be approved. At that point he'll get a visa to come back to the states and be issued a Green Card.
2007-12-20 00:01:25 · answer #2 · answered by Yak Rider 7 · 6⤊ 0⤋
Its going to be tricky, but it can be done. Be aware that there is a high chance he will have to go home and await processing. My husband was never here illegally and he still had to go home for a year.
You are confused, there is no limit to the amount of spousal greencards granted, you still have to wait, but only for processing not for a space to open up. The wait is about 2 years, it took us 21 months total.
2007-12-20 02:38:40 · answer #3 · answered by Anonymous · 1⤊ 0⤋
He is eligible to apply, as is anyone else. HOWEVER, his continued years as an illegal alien will all be held against him in the decision. Marriage to a US citizen is not an automatic "yes" for illegals anymore. BUT if he is caught BEFORE he even applies, he will certainly be deported. Marriage to a US citizen will not save him, and rightly so.
2007-12-19 22:00:17 · answer #4 · answered by Lori K 7 · 2⤊ 0⤋
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2016-04-23 14:13:11 · answer #5 · answered by ? 3 · 0⤊ 0⤋
hello i am really glad that your cousin is getting "legal"
well anyway i believe that if someone wants to get their green card by marriage with a u.s citizen (born in america) first they have to be married for three years or so. then i believe they check if the person wanting to get a green card has a bad or good record. no felonys or arrests, pays taxes,
you could check on this website for further details, etc.
http://www.uscis.gov/portal/site/uscis
2007-12-19 19:14:33 · answer #6 · answered by Anonymous · 1⤊ 3⤋
I believe he will be eligible to apply for a green card after being married for 3 years.
2007-12-19 19:01:59 · answer #7 · answered by Anonymous · 0⤊ 6⤋
i was under the assumption that if you marry a citizen of u.s. you dont need a green card your already legal but not sure thats just what i thought
2007-12-19 19:07:39 · answer #8 · answered by RD 3 · 0⤊ 6⤋
YES
2007-12-19 19:02:31 · answer #9 · answered by Mo 2 · 0⤊ 4⤋