Skip to main content

Illegal immigrant marrying us citizen. How do we apply for my residency?

Chicago, IL |

Im 21 i came here illegally at 9 months old ,went to school til 12 grade and dropped out to work . I now have a two yr old daughter i have to support . how do i become a citizen without having to leave the country?

+ Read More

Attorney answers 5


I would like to know some additional information. Has anyone ever filed an immigration petition (I-130) for you in the past? If so, I would like to know the date that the petition was filed. If no one ever filed for you, then if you marry a U.S. Citizen, you would most likely need to leave the United States in order to apply for permanent resident (green card) status. You would also need a waiver of inadmissibility. Depending on your history and background, you might be eligible to seek a waiver while you remain in the United States. But you would still need to leave the United States for the visa interview. I would also like to know more about your immigration and legal history. The information here is based on current law. There might be changes in immigration law in the next year, but for now we do not know. You should definitely consult with an immigration lawyer about your situation. It is extremely important that you give a complete history to an experienced lawyer. You want to get this done right.

(734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of Michael Carlin PLLC or any individual member of the office. Confidential information should not be sent through this form.


My colleague is correct. You need to provide a lot more details about you history before a lawyer can answer your question. That said, your question is more suited to a consultation with an immigration lawyer than it is to Avvo is a public forum and it may not be completely prudent to disclose all of your private details in your question.

You owe it to yourself to contact a lawyer, whether myself or one of my colleagues. If you appreciate the time spent preparing this answer, kindly consider marking it HELPFUL. Good luck to you.

Dean P. Murray
The Murray Law Firm
560 Sylvan Avenue
Englewood Cliffs, NJ 07632
T: (201)875-2600
F: (201)549-8700

Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, and attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on are intended as general information for the education of the public, and not for any specific individual.


you hire an immigration lawyer

If this answer was helpful to you or if it was the best answer, please click the buttons that state helpful and best answer. Please understand that all of my answers are for informational purposes only, are not legal advise, and do not create an attorney-client relationship between you and me. I am not your attorney and you are not my client unless we enter into a signed contract. My only legal advise to you is that you should immediately consult with and hire a lawyer and that you should not represent yourself. If you want to more information about personal injury, visit or if you want more information about criminal defense, visit Good luck!


I agree with Attorney Carlin. As he indicated in his response there are too many unanswered questions too give you a definite response. Consult with an attorney

Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104


Hello, you may be able to take advantage of the provisional waiver. You will still need to leave the country but only for short period of time and after finding out if you are approved. I agree that you should consult with an attorney as some other factors are important.

Dhenu Savla, Esq.
SwagatUSA, LLC

This answer does not create an attorney-client relationship and is not meant to be relied upon as legal advice.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer