A U.S citizen and a illegal immigrant marry out of love, what is the process to get the immigrants papers? is it a better idea that the couple gets married in the U.S or mexico for the sake of easing the process?
Yes, the can marry for "love", but better do so in the US if the "illegal" in question is currently in the US, for if he were to depart, he will not be able to come back (at least not legally), even if his USC petitions him for a green card. The process to obtain the green card for an undocumented individual is very complicated. The USC spouse first files an immigrant petition with USCIS, and once that is approved, an "extreme hardship" waiver must be filed with USCIS and once that is approved, the individual must depart the US and apply for the immigrant visa at the US consulate in his country of nationality, due to the fact that he/she was not previously lawfully admitted into the US with a visa and passport. The problem is that those "Waivers" are not easily approved and here for a newly wed couple without any children of a few years together there will likely not be any "hardship" found. CIS always maintained that "mere separation is not hardship". Thus, it is better to wait until after the couple has a family together or for a change in the law. In the meantime, perhaps that individual qualifies for DACA?
Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
If the person came in with a visa and overstayed they may be able to adjust in the US. Adjustment is the process for getting their green card. If the person came into the US without permission and has been here over a year they have accumulated unlawful presence which means they will trigger a ten year bar when they leave the US. In order to decide the best way to proceed you should set up a consult with an immigration attorney in your area. It is not as easy as just filling out some forms. Best of luck.
Get married where you are. If the "illegal" alien entered illegally he can adjust and will need a waiver before departure for consular processing. If he is out of status but entered legally then he most likely will be able to adjust in US. Information provided is insufficient for proper analysis. Talk to a good lawyer in your area.
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