It really depends on how exactly he entered the United States. Regardless, being married to you, if you're a US citizen or Lawful Permanent Resident, various doors open for him. I strongly recommend talking to an attorney in person (or on Skype) to go through his immigration history and to find the right path for your family.
This general advice does not create an attorney-client relationship.
Much will depend on whether he came here legally, i.e., if he was inspected, or not. If he came here legally and overstayed, then perhaps. If he came illegally, then he will require a waiver.
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If he entered legally, he probably can. He would become a permanent resident first, and later a citizen.
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No. Marriage does not confer US citizenship. To become a US citizen, one must first be a legal permanent resident for the required number of years. Whether he can become a legal permanent resident based on a marriage depends on numerous facts including the status of the spouse, whether he entered the US legally, etc.
Please do not confuse legal permanent residence with US citizenship. Confusing the two can result in a false claim to US citizenship. A false claim to US citizenship results in deportation and a permanent bar from the US.
You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
The short answer is maybe.
An undocumented immigrant will never automatically become a citizen when he marries a U.S. citizen. He will first need to become a lawful permanent resident and then after three years he can apply to become a citizen. The process of obtaining a green card can be complicated for undocumented people, however, and I highly recommend that you consult with an attorney. Your husband will probably have to apply for a waiver of the unlawful presence bar if he is undocumented and has spent more than one year in the U.S. without permission.
The process for adjusting status to a lawful permanent resident is different if your husband entered legally (such as on a tourist visa) but overstayed his approved time here. I also highly recommend that if this situation applies to him you have an attorney help you with the process of getting your husband a green card as it can be complicated and confusing.
If you found this answer helpful, please mark it "helpful" or "best answer." Thank you! Laura Mandell, Gingell Immigration, 2075 SW First Avenue, Suite 2J, Portland, OR 97201 | Telephone: 503-719-7209 | Facsimile: 503-345-0926 | Email: firstname.lastname@example.org | Online: http://stephengingell.com | Nothing posted on this site is intended to create an attorney-client relationship.
Before you boyfriend can ever become a US Citizen, he must first become a lawful permanent resident of the United States. Whether or not he will be accorded lawful permanent residency depends on many things, the most salient of which is the manner of entry into the US. More facts are needed. You should certainly consult with an immigration attorney first.