There are no laws against marrying an undocumented immigrant. However, there are additional obstacles to legal status for someone who has been unlawfully present in the U. Marrying an undocumented immigrant does not cure the immigration problem, but there are remedies for most couples. The solutions generally depend on how the immigrant entered the country and the citizenship status of the person he or she married.
These factors also determine how the undocumented immigrant may apply for permanent resident status green card. Some may be able to adjust status from inside the United States while others must depart the U.
A lawful entry is a requirement for virtually all adjustment of status cases. In other words, the immigrant must have been admitted or paroled into the United States. Typically, the foreign national must have entered the U. Generally, this happens at a port of entry airports, border crossing, etc. If the foreign national overstays a visa, the individual becomes unlawfully present.
However, he or she still had a lawful entry. On the other hand, departing the United States after certain periods of unlawful presence will generally trigger bars to reentry for:. This is why marriage to an undocumented immigrant who has departed the United States can actually make things more difficult. The most straight forward path to legal status for an undocumented individual is generally through marriage to a U.
If you are not a U. The spouses of U. Immediate relatives are exempted from certain rules that would otherwise prevent many applicants from obtaining permanent resident status green card. Because of this, an undocumented spouse of a U. As long as the foreign national did not depart the United States, the overstay can be a few days or several years. No special waivers are necessary for the overstay, provided that the green card applicant has proof of the lawful entry. Citizen After a Visa Overstay.
The application process for the spouse of a U. The typical adjustment of status package typically includes the following forms:. Before receiving a green card, your spouse may obtain employment authorization in the form of a work permit. As an adjustment of status applicant, he or she is eligible to request work authorization. Upon approval, he or she will receive an employment authorization document EAD to use as a government-issued photo identification with employers.
When filed as a part of the adjustment of status package or while still pending , there is no additional USCIS filing fee. Generally, adjustment of status applicants may also reenter the United States after travel abroad if they have an approved advance parole document.
Because she entered illegally, and assuming she has been in the U. That means that, although technically eligible for the green card, she probably won't be allowed to stay in the U. But before leaving the U. Leaving the U. And the waiver needs to be based on extreme hardship to her U. See the Inadmissibility and Waivers section of Nolo's website for details.
You're in a situation where may be no risk-free option available for your new spouse's application for U.
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