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If I marry an illegal immigrant from Mexico, will he be able to become a U.S resident?

Harvard, IL |
Filed under: Immigrant visas

I am 24 yrs old and I've been engaged for 9 months already about to take the big step and get married. My fiance is an illegal immigrant from Mexico and I need to know what procedures I will have to go through in order for him to become a resident of the U.S. Is it even possilbe?

Attorney Answers 2

  1. It is still possible for your future husband to become a US citizen, but there are many issues regarding his status which need to be addressed. One of the largest obstacles is weather USCIS will view the reason for the marriage as fraudulent and deny citizenship. You should discuss the specifics of your situation with an immigration attorney to discuss a legal plan for citizenship. Feel free to contact me with any further questions.

    This response is informational only and is not legal advice. Further, this response does not establish an attorney client relationship.

  2. Congratulations on your engagement. I would recommend that you speak to an attorney that specializes in immigration issues to discuss your options in more detail. If someone filed a family or employment-based immigration petition for your fiance or his parents before May 1, 2001, he MAY be eligible to become a permanent resident without leaving the United States. If not, then he would have to return to his home country to process for an immigrant visa. However, if he leaves the United States after being in the US for more than 1 year without status then he will trigger a 10 year bar from returning to the United States unless he obtains a waiver (i.e. a pardon) from the US government. This waiver would require him to show that you would suffer extreme hardship if he were not permitted to return to the US. Whether your fiance's request for a waiver is likely to be approved depends on the hardship that you will face.


    Elizabeth Rompf Bruen
    Attorney at Law

    Scott D. Pollock & Associates, P.C.
    105 W. Madison Street, Suite 2200
    Chicago, IL 60602
    Phone: 312-444-1940
    Fax: 312-444-1950

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