How long does t take to get a green card if I marry an illegal but has a first offense DUI? or is it possible to get a green card? What exactly needs to be done?
It depends on what your immigration status is, and how he entered the U.S.
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Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
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Generally one DUI is not damaging, However, there are some facts that are important in evaluating your matter and missing in your answer. You stated that spouse is illegal, but what is important is that how he/she entered US and how long he/she has been here. Of course we assume that you are a US citizen or LPR. What needs to be done is the US citizen or LPR spouse will petition for the other. However, it is highly advisable that you contact an immigration attorney for that purpose.
As stated before, how this person entered/what makes them "illegal" will be controlling.
I began to type out a long explanation but there are just too many possibilities and I really need more facts to give you some solid advice. If you would like, you can call my office and I will give you a free 15 minute consultation.
Thomas J. Baker
Bay Area Immigration Attorney
As stated already, it all depends on how this person entered the United States. Not clear on what you mean by illegal. Is it this person entered the US legally but is currently out of status or did this person enter the US without legal authorization. If this person entered the US illegally, then this person may be eligible for consular processing if you marry this person. If this person entered the US legally but is currently out of status, then it is possible to get green card by marriage to you. More information is needed to answer your question more thoroughly. Speak with an immigration attorney to fully discuss this person's options of obtaining legal immigration documents in the US.
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