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

Answers:

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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.