If my girlfriend and I want to get married but she is illegal, how would us marrying help her to get her green card?

What would we have to do after our marriage? Do same sex marriages get granted the same benefits of getting their green cards if marrying a US citizen?

Asked on September 6, 2014 under Immigration Law, California

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The same sex issue is no longer an issue since those marriages are now eligible for immigration benefits.  However, the fact that your girlfriend is in the US unlawfully may pose a problem.  If she entered the US lawfully but overstayed, this can be overcome, probably.  However, if she entered the US unlawfully, under the current immigration laws, she would not be eligible to legalize her status within the US even through  marriage to a US citizen.


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