If I am 4 months pregnant and will be marrying the father who is an illegal immigrant, how can he get citizenship?

He came here from Mexico when he was 6 years old. Considering the circumstances could he speed up the process and not go back to his home country due to my needing his financial support versus welfare support.

Asked on October 29, 2011 under Immigration Law, Minnesota


SB, Member, California / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

NO.  If he entered the US unlawfully, it does not matter how old he was when that happened, if he is now over the age of 18, he is in the US unlawfully and is not eligible for adjustment of status to permanent residence in the US.  He would have to go back to Mexico and consular process for an immigrant visa on the basis of marriage (once you are legally married).  However, as soon as he leaves the US, he will automatically trigger a 10 year bar to reentry, which can only be waived by a showing of extreme hardship to a US citizen spouse (not just financial support).  This is fairly difficult in most cases.  I would strongly suggest that you consult with an immigration attorney before you have him go back to Mexico.  Good luck.

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