What would the legalization procedure be after a US citizen marries an illegal alien?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What would the legalization procedure be after a US citizen marries an illegal alien?

What about marrying an illegal alien who might have a deportation? alien is from Mexico. What are the options?

Asked on March 1, 2012 under Immigration Law, California

Answers:

Dustin Bankston / Bankston Immigration Law Office

Answered 12 years ago | Contributor

The non-citizen spouse will need to leave the country to consular process if he or she wants to get legal status here.  However, depending on entries and exits to the U.S. as well as deportation orders and any criminal convictions, there may be bars to admission.  For example, if the spouse stayed in the U.S. for more than one year unlawfully, he or she will have a 10 year bar which would require a waiver.  If the spouse has a removal order and has reentered, he or she will be subject to the permanent bar and not be able to apply for a waiver until out of the country for 10 years.  

As you can see, the analysis of your case is very complicated.  I urge you to not leave the country until you have had an immigration attorney go over your options with you.  


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption