If I am married to an undocumented man and am a permanent resident who wants to become a US citizen, can I still do that?

Asked on February 18, 2013 under Immigration Law, Texas


SB, Member, California / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Yes, you will still be eligible to naturalize once you satisfy the requirements.  however, if your spouse is undocumented and entered the US unlawfully, you will not be able to help him/her adjust status within the US even when you become a US citizen.  He/she will still have to go abroad to consular process and because of the overstay, he/she will be barred from reentry for 10 years unless they can qualify for a waiver.

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