what to do about illegal immigrant alien who married u.s. citizen for his green card, marriage based green card immigration

Hi. Your question raises a couple of important issues. First, an alien should not marry a U.S. Citizen solely for a green card. The marriage must be bona fide, which means that it must have been entered into in good faith in order for the foreign-national to be eligible for a green card. A marriage entered into for the purpose of evading U.S. immigration laws can lead to severe criminal and civil penalties for both the alien and the U.S.C.

Second, the term "illegal immigrant" needs to be clarified. If the individual entered on a visa and overstayed, the situation is vastly different from if he or she entered without inspection, such as by sneaking through the Mexican border.

In the case of an overstay, if the alien is otherwise eligible, the period of overstay and any unauthorized employment may be forgiven at the time of adjustment through marriage to a U.S. Citizen. There are many caveats and it is highly advisable to consult with and retain a qualified immigration lawyer to asist with the case.

If the alien entered the U.S. without inspection, marriage to a U.S. Citizen may not be as helpful. There are some very limited exceptions, such as for an alien who filed under 245(i) of the Act. Given the complexity of such a situation, it would again be necessary to consult with an immigration attorney to explore what limited options, if any, may be available.

If eligible, the forms to file include the I-130 - Immigrant Petition for Alien Relative and the I-485 - Application to Register Permanent Residence or Adjust Status. Other forms (such as an Affidavit of Support , Biographic Information, and Employment Authorization Request) , as well as photographs, a medical examination, supporting documentation, and filing fees would need to be included in the package. Although the USCIS Filing Fee includes the fee for Advamce Parole (Travel Document), it should not be requested in the case of an overstay or Entry Without Inspection. The alien would need to remain in the U.S. while his or her Adjustment Application was pending.

A Fingerprint/Biometrics appointment will then be scehduled for the alien, and finally, the USCIS will invite the alien and spouse for an interview at the District Office where the case will be adjudicated.

These cases, especially when immigration status issues are involved can be tricky and one should not proceed without at least consulting a qualified immigration attorney who will review all documentation, examine all the facts of your particular situation, ask and answer relevant questions and determine what, if anything can be done to assist you. In immigration, as with most things in life, sometimes doing nothing at all is better than doing the wrong thing!

Good luck!