How does an illegal alien become legal after marring in the United States?
Pamela s asked:
Me and my boyfriend have been together for a while and we have a son. We have been talking about getting married. How does he become legal after wards if we get married in the United States. Also how long does the legal process take.
Me and my boyfriend have been together for a while and we have a son. We have been talking about getting married. How does he become legal after wards if we get married in the United States. Also how long does the legal process take.
The process is quite simple, although it will cost you some money. He may be “punished” by being sent back to his country of origin for a while, unless he is protected by the E45, which he should have applied for before April 2001. If he didn’t then there will be some sort of penalty. Find a reputable immigration lawyer. Good luck!
The illegal goes back to their home country. Then you file for K1 fiance visa to bring him back. He will need to be interviewed in his home country.
If he illegally entered the US there is no path to becoming legal within the country.
If you are married I suggest you start to file for her work permit and greencard. It is a loooong process and can be expensive but you’d be working towards making her a legal citizen. You might want to hire an immigration lawyer, they will take you through the whole process, from filing all the paperwork for you to sitting in on your interviews. They usually charge a flat fee ($1,500 is reasonable for a good lawyer). Good luck.
It’s important that you know she does not automatically become legal through marriage, if you don’t take care of this soon and start the proccess of filing for her green card she can be deported. Don’t worry though, if you’re married it shouldn’t be too hard for her to get approved.
In order to get status, your boyfriend would need to leave the country. You could petition for him to get a visa at that point. He would have to fulfill his own portion of the requirements from the consulate in his country
getting married will absolutely not make him legal. he will have to return to his home country and you can file the I-129f to bring him here as a fiance, or get married and then he has to go back and file for the I-130. either way he has to go back. I suggest the I-129f. it depends on the particular case for how long. uscis is backed up, so it could take more than a year for him to have a green card. it just depends.
oh and the fact that he entered here illegally makes things much worse on him. the case will go under review, like all do. and there is never a guarantee that they will approve it.
Not possible. If you marry and apply for a visa for him, he gets deported and barred from re-entry for 10 years. If he returns home immediately and voluntarily, he might get a shorter bar than if he is deported.
After he returns to his own country, he can apply for your immigration to his country of citizenship. His child has a right to citizenship in his father’s country of citizenship, so he can get the child a passport at his consulate and the child will have no immigration hassles whatsoever. This is your ONLY possibility for remaining together.
He must return to his country of origin. He will be banned from entering the US. You can apply for visa but he will be denied. You will need to file the I 601 waiver after he is denied and, although the odds are eventually he’ll get approved, it can take quite a bit of time and money. If he’s been here illegally for a year he’s already incurred a 10 year ban.
On the other hand you and your son may be able to join him in his country of origin. Your sons position in the country of origin can be anywhere from an alien to a citizen. For example Mexico does not allow dual citizenship but does allow dual nationality. Your son would be a Mexican national but not a Mexican citizen unless he gave up his US citizenship. You might want to check into what status you and your son would have if you went to his country.
I am amazed at how many times this same question comes up. Without any opinion about whether or not your spouse belongs here this is what you have to do. Get married now while he is in the United States. Get an immigration lawyer and pony up your check book. Your lawyer will take you through the legalization process which may or may not be successful. You will simultaneously file an affidavit of support and an I-130 petition for an alien spouse. Your spouse will voluntarily depart this country for his country of origin. There he will undergo consular processing and by law be denied the visa and placed on a 3 or 10 year bar depending on length of time in the United States. At that point you will apply for a I-601 waiver. currently the fee for this is $545 with additional $150 or so medical exam fee. You may or may not be denied at this point- You then can file for an appeal of the denial. Start to finish depending on country of origin can be weeks to more than a year. If you are successful in your appeal he will get a visa and return to this country as a conditional LPR. He will convert to LPR status on his own after a length of time married to you. Now all of this changes if your spouse entered on some sort of visa which then expired. Those people can process inside this country without having to voluntarily depart. Don’t attempt this on your own. Get a lawyer. The bar for waiver is pretty high.
Go home and apply from there.