I entered the US illegaly and I've been here for 5 years. I married a US citizen last month. Can I get a Green Card?

It is possible to obtain permanent residence even if an alien entered US illegally. To complete the processing of the case an alien will need to leave the US and seek a waiver to be readmitted as a permanent resident. Such types of waivers are very case specific and you should consult an immigration attorney to discuss your circumstances. Generally, an undocumented illegal alien may file for a waiver based on a hardship to the US citizen spouse. This waiver can only be filed from the outside of the United States. An illegal alien will have to leave the US and go back to his country of origin. Since this waiver is discretionary it may get denied if US immigration services finds that the hardship to the US citizen spouse is not extreme enough to admit the alien back into the US. In addition, the correct answer also depends on the amount of time an alien spent in the US undocumented. For example, if an alien has been previously removed and reentered the US without inspection again, or even if he reentered the US without inspection multiple times. In such cases, a waiver may not be available until after an alien spends 10 years outside of the US.

There is also an option of cancellation of removal if the illegal alien gets detained by the USCIS. If an alien has been in the United States for at least ten years and if his removal/deportation would cause exceptional and extremely unusual hardship to US citizen spouse, parent or child who is a US citizen or permanent resident, he may qualify for Cancellation of Removal. It is very difficult to prove such level of hardship, but if an alien is granted Cancellation of Removal, he will be eligible for permanent residence.

Please contact an experienced immigration attorney to discuss possible issues with your particular case. Immigration law is a federal law and a lawyer licensed in any state can assist you in your case. The responses and information are intended to be general and should not be relied upon for any specific situation. Best of Luck!

Alex Meyerovich
4270 Main Street, Suite 304
Bridgeport, CT 06606
alex@uslegalvisa.com