Can an illegal alien become legal by marrying a US resident?

Can an illegal alien become legal by marrying a US resident (green card holder)?

And what is the process and how long will it take?

Thank you,

Andrea

The simple answer is, NO, at least not right away. An illegal alien gains very little from marriage to a permanent resident.

If the illegal alien entered without inspection, he cannot adjust status to permanent resident inside the U.S. He would have to leave the country to apply for an immigrant visa based upon the marriage.

If the illegal alien entered the U.S. after an inspection, he still cannot adjust status. The visa number would not be available for another 5 to 6 years.

The permanent resident can petition for the illegal alien, but the waiting time is quite long, and the marriage would not bring any new benefits to the illegal alien.

You can become legal, but if you have a deportation order against you, it will be near impossible.

First, you will need to wait for your husband to become a citizen, as the wait time for a green card holder to sponsor a spouse is several years (usually longer than it would take for the green card holder to become a citizen).

Once your husband is a citizen, you should be able to get a green card, but it will be complicated if: (1) you have been convicted of any crimes, (2) you have a deportation order against you (3) you have overstayed a lawful visa by 10+ years.

You will want to hire an immigration lawyer regardless, and they can help you with the issues peculiar to your case.

Does American Society Really Value All Families Or Just The "Legal" Ones?:
A Sociological Look At The Effects Of Mandatory Bars And The Families Separated By Them By Penny Aziere

One of these current laws that fly in the face of reality is the United States’ federal policy on immigration. Immigration is one of the hottest topics in the news and political arenas. The debate continues over whether illegal or undocumented workers should be allowed to remain in the country and, if so, at what price to United States citizens and legal immigrants.4 However, there has been little discussion on the effects of current immigration law on the family, and its underlying support system – marriage.

United States citizens who marry immigrants, legal or illegal, are affected drastically and often negatively by the current immigration laws. Contrary to popular opinion, when married to a United States citizen, an illegal alien is not immediately granted “green card” status or citizenship. Under current federal law, the alien and their spouse must file a visa petition, attend an interview with a consulate abroad, and are then likely to be forced to remain out of the country for up to ten years. The laws in effect lead to involuntary separation of the couple separation of at least one parent and the children that are born into the relationship. This comment examines how immigration laws, when applied to real people, negatively affect families and why they must be changed in order to encourage and promote marriage and strong family relationships.

Introduction

Whether they realize it or not at the time they take those ever important marriage vows, United States citizens who marry illegal aliens are embarking upon a long arduous road.9 Many will be shocked when they apply for an immigrant visa for their spouses and learn their spouses are “inadmissible” to the United States; regardless of the fact that they are already in the country. Further investigation of the inadmissibility will uncover that the illegal alien spouse is barred from entering the country for up to ten years. Under this policy and these laws, there are a number of options that a United States citizen and an illegal alien spouse have. One option is to do nothing, wait, and hope that the laws change. However, many will choose to continue with the application and deal with the bar to inadmissibility. This comment focuses on those who continue with the visa application, the real effects the law has on them and their families, and the need for a serious change in policies relating to immigration and marriage in order to protect these families.

Essentially, the current law leads to the forced separation of these married couples because often times the entire family cannot make the move to a foreign country. As forced separation from a spouse has been shown to lead to personal unhappiness and depression along with marital discord, the effect of the law is a breakdown in the support spouses can offer each other and eventually in the marriage itself. Further, families who have children are faced with the added effect of separation of the children and at least one of their parents. Legislators and political leaders are constantly working hard to protect and encourage marriage under a belief that families are stronger and children are better off growing up in two parent homes. However, years of separation of husbands and wives can lead to a higher risk of divorce. If parents divorce, their children are likely to suffer increased social, economic, and emotional problems. Thus, the true effect and incongruence of federal immigration policy and federal marriage policy, can be best realized through a sociological perspective. This realization should be the first step in amending current law in order to continue to promote marriage and the family.

Read more:
http://www.ilw.com/articles/2006,0925-aziere.pdf

About The Author

Penny Aziere is a third year law student at the University of Tulsa in Oklahoma. She received her bachelor's degree in sociology from Oklahoma State University and is currently a research assistant for a new Immigrants' Rights Legal Clinic on the TU campus. She can be reached by email at penny-aziere@utulsa.edu