Can I marry an illegal immigrant and get him citizenship? 6 Answers as of January 17, 2011

My fiance is currently in this country illegally, how can we get married and obtain citizenship for him?

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
We would be happy to assist you and your fianc in obtaining his permanent residency (He must be a permanent resident for three years before he can apply for U.S. citizenship.) To get married contact the Clerk for the county where you reside and they will advise the procedure to get a marriage license.

With regard to immigration in some cases we can file in the U.S.; in others he would process at an overseas consulate; and in others he would not only process at an overseas consulate but would also need a waiver showing extreme hardship to you. In certain cases there may be no relief. In any case we will advise you as to the costs, timing, any risks and what is required for a strong case. We will need more information to determine what the procedure and therefore the costs will be.

1) Is your husband in the U.S.?
2) If yes, did he enter with or without papers?
3) If he entered with papers is he currently in status?
4) If not in status, has he returned home since becoming out of status or after an illegal entry?
1) Was he ever stopped at the border?
2) Does he have any criminal record?
3) Does he have a prior deportation or removal?
4) Does he have any close family members who are permanent residents or citizens?
5) Has anyone ever filed a petition for him or one of his parents or grandparents? If yes, date filed?

I would suggest setting up a confidential consultation with our office to determine the best way to proceed, documents required, timing and costs. We do charge for consultations $350 per hour but the consultation fee paid would then be a credit toward the fees for your case if we are retained for further work after the consultation.
Answer Applies to: California
Replied: 1/17/2011
Carlos E. Sandoval, P.A.
Carlos E. Sandoval, P.A. | Carlos Sandoval
To answer your question we would have to know what's your immigration status and how did he enter the United Status.
Answer Applies to: Florida
Replied: 1/17/2011
Pauly P.A.
Pauly P.A. | Clemens W. Pauly
If you mean by "illegal" that he entered the US illegally, i.e. coming across the broder without inspection, then you can still marry him, but he cannot get his Green Card without first leaving the United States, at which time he will be barred from coming back in legally. You need to contact a immigration lawyer to sort this out for you and advise on the best strategy for you.
Answer Applies to: Florida
Replied: 1/12/2011
441 Legal Group, Inc.
441 Legal Group, Inc. | Gareth H. Bullock
It's possible but, if he entered illegally that may be a restricting factor unless he is 245(i) eligible. In other words if he entered the country legally but just overstayed you can apply for him.
Answer Applies to: Florida
Replied: 1/12/2011
Theresa E. Tilton, Attorney at Law
Theresa E. Tilton, Attorney at Law | Theresa E. Tilton
Getting married is a matter of complying with state law. Consult your county auditor for getting a marriage license. Generally, you must both be adults, not related to each other, and not currently married to anyone else.

Are you sure that your fiance is not subject to an immigration bar because of previous overstay, previous deportation, or criminal history? Did he enter the country without inspection? All of these may bar him from getting legal residence.

US citizens may apply for a spouse to immigrate. If the immigration is approved, the spouse will then be a resident alien. (US legal resident, or green card holder.) After being married to a US citizen for three years, the resident alien may apply to become a US citizen.

You need to consult an immigration lawyer for the specifics.
Answer Applies to: Washington
Replied: 1/11/2011
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