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Can one, a U.S. citizen marry an illegal immigration who is in jail with an immigration hold?

Houston, TX |

I want to marry my boyfriend in jail in hopes of not only being together again but also getting his residency. I know that it can be done but are there requirements in terms of how long the intended party should have known each other in order to be considered a legit marriage? I have known him for a little over month and I do realize how serious this would be. He is from Honduras and I was born and raised in the U.S. He was put in jail for a DWI with open container in his car but has already paid that off with his time in jail.

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Attorney answers 2

Best Answer

In Turner v. Safley, 482 U.S. 78 (1987), the U.S. Supreme Court held that a prisoner has a fundemental right to be married that can be restricted only for reasonable Penological reasons. Therefore, you should check with the prison authorities where your boyfriend is detained to know their procedure for allowing an inmate to be married. However, the fact that you marry your boyfriend does not by itself make him eligible for an immigration benefit. In addition to the main requirement that the marriage must be bona fide, your boyfriend must satisfy other requirements. You should consult with an attorney before taking this important step.


Question is really about weather jail will let you i to marry him, or if he can get out on bond. If so, there are forms that can be filed by you, but these forms, even if approved are only half the process. If he entered the US unlawfully chances are not good that he could sty in US to get green card. How long you know each other is a factor in weather USCIS approves the petition that you file for him to show a legit relationship.