Home > Research Legal Advice > Immigration > Can i marry an illegal immigrant,with my permanent resident status?
Asked almost 4 years ago - Chicago, IL
Flagi ma a permanant resident and want to know if i can marry an illegal immigrant to get status in usa.
You can marry any person eligible to marry by the state law where you reside. The person must be single, if ever married before, widowed or divorced with proof by certificate or decree, of majority age or with parental or judicial consent in the state, of mental capacity. You apply for a license, and then marry. A lawful permanent resident won't be able to convey lawful conditional permanent residence to the illegal immigrant, or to any foreign national at the time of the marriage, or just after. A lawful permanent resident, may only bring prior to their permanent residency, a spouse and qualified dependents. An after acquired spouse would have to wait approximately five years for a visa number as this is a second preference category, not an immediate relative of a United States Citizen. Further, the illegal immigrant status cannot be "cured" simply by marriage. Unless the law is changed, sooner or later, that person could be in removal or deportation, or later, asked to Consular Process- and then face a 10 ten year bar for unlawful presence in the United States of over 180 days. If ever deported or removed, other bars exist. If deported more than one, yet more severe bars, and if any crimes on record, yet other hurdles to overcome in the future with admissibility. So, yes you can marry, but no, it won't convey status to his/her in the USA unless the law changes-- at least no status unless you become a USC first and file which changes the category and wait time, and you are looking at Consular Processing and an Extreme Hardship waiver, not a sure thing.
Ms. Scheider provides very good general information. However, there are a few additional concerns. Perhaps, your future spouse experienced a lawful inspection and admission. Some foreigners liberally use the word "illegal" to describe overstaying a student or visitor visas. Perhaps, your future spouse has proof that he or she was lawfully admitted and inspected with a visa. If this is the situation, then an experienced immigration attorney like Ms. Scneider or my office, among others, 'may' be able to help.
In addition, if this 'illegal immigrant' entered the U.S. without papers, then there 'may' still be possibilities. Sometimes, applications are filed by a business/family member for another family member before April 30, 2001. This gets really complicated! There are also additional requirements! These requirements must be confirmed with evidence. Many cannot qualify, because they are unable to prove the situation to the satisfaction of the USCIS. Filing such an unsuccessful application can lead to deportation.
There are also extremely long delays to process applications filed by U.S. permanent residents for their spouses. Those spouses who leave the U.S. must often stay outside the U.S. for many years, where they were unlawfully in the U.S. for over 180 days. These visa delays often exceed the five year 'estimate' by Ms. Schneider. These delays concern the "priority date" system reported in a monthly State Department report called the "Visa Bulletin."
A "priority date" is the date that an immigration application is filed at the DHS or Department of Labor. These "priority dates" are used to determine when an immigration visa is available. In 1990, Congress passed a system that artificially imposes visa shortages in its attempt to limit our U.S. foreign-born population. Unfortunately, "priority dates" do not seem like much of a priority to our U.S. Congress.
"Priority dates," as they are called, suddenly change and even 'retrogress' or go backwards. This means that a five year delay can suddenly become a ten year delay with little notice. This is because Congress reduced lawful immigration in 1990 to extremely low levels. Now, even a U.S. Citizen often waits well over a decade for their children over 21 years old to immigrate.
It is often helpful to become a naturalized U.S. Citizen. This can improve the chance that your future spouse may become legal and thus 'get status' in the US.
This is general information not legal advice. As most experienced immigration attorneys know, there are no new laws, yet.
Those who want to change immigration laws should rally in Washington, DC. Our immigration laws are often based upon the most politically vocal. Some of the most vocal anti-immigrant political groups want to deport all foreigners, who do not become U.S. Citizens. Those who rally should present proposed laws that help their spouses and foreigners become citizens and lawful residents, rather than present general pleas for amnesty. Good luck.
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