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How long does t take to get a green card if I marry an illegal but has a first offense DUI? or is it possible to get a green car

Livermore, CA |

How long does t take to get a green card if I marry an illegal but has a first offense DUI? or is it possible to get a green card? What exactly needs to be done?

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Attorney answers 5


It depends on what your immigration status is, and how he entered the U.S.

Please click the link at the very bottom for additional information.

Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Telephonic, Skype or In-Person
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: (English) (Spanish)

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


To my knowledge, first DUI offense does not lead to a green card, and so does not marriage to "an illegal".

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


Generally one DUI is not damaging, However, there are some facts that are important in evaluating your matter and missing in your answer. You stated that spouse is illegal, but what is important is that how he/she entered US and how long he/she has been here. Of course we assume that you are a US citizen or LPR. What needs to be done is the US citizen or LPR spouse will petition for the other. However, it is highly advisable that you contact an immigration attorney for that purpose.


As stated before, how this person entered/what makes them "illegal" will be controlling.

I began to type out a long explanation but there are just too many possibilities and I really need more facts to give you some solid advice. If you would like, you can call my office and I will give you a free 15 minute consultation.

Thomas J. Baker
Bay Area Immigration Attorney

Law Office of Daniel M. Wigon - 916-447-8975. This should not be taken as legal advice. Consult with a local attorney before making a decision that could adversely affect your rights.


As stated already, it all depends on how this person entered the United States. Not clear on what you mean by illegal. Is it this person entered the US legally but is currently out of status or did this person enter the US without legal authorization. If this person entered the US illegally, then this person may be eligible for consular processing if you marry this person. If this person entered the US legally but is currently out of status, then it is possible to get green card by marriage to you. More information is needed to answer your question more thoroughly. Speak with an immigration attorney to fully discuss this person's options of obtaining legal immigration documents in the US.

Law Office of Spojmie Nasiri, (925) 520-5195. Please be advised the answer above is only general in nature cannot be construed as legal advice. Please retain an experienced immigration attorney for a more detailed analysis of your immigration legal matter which will require cognizance of all pertinent facts about your case. All answers offered on are of a general nature only, and do not create an attorney-client relationship.