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Immigrants who enter into a ... As long as the immigrant is in the country legally with a valid visa, the process of applying for a change of status to permanent residency is fairly straightforward.

If the hardship waiver was denied, the undocumented spouse would be stuck outside the US for as much as ten years, separated from his or her family and with few legal options. However, if the couple is divorced then the immigrant spouse is deportable.Often it is not just the immigrant spouse whose immigration to the United States is affected by a divorce. This article … He or she may be a candidate for the unlawful presence waiver.On the other hand, departing the United States after certain periods of unlawful presence will generally trigger bars to reentry for:Certain immigrant visa applicants who are relatives of U.S. citizens or lawful permanent residents may file Form I-601A to request a provisional unlawful presence waiver of the unlawful presence grounds of inadmissibility under Immigration and Nationality Act section 212 (a)(9)(B).
Again, an unlawful presence waiver may be available to resolve this problem.The process described above definitely gets more complicated for someone marrying an illegal immigrant with a felony or other criminal offenses. If you remain married to and living with your U.S. husband for three years from the date of your approval for conditional residence, you apply for U.S. citizenship (naturalization) by submitting Form N-400.
Thus, the approved I-601A provides the applicant some reassurance that he or she will not be barred from reentering the U.S.Likewise, spouses of permanent residents who have accrued time in an unlawful presence will face hurdles if trying to adjust status.

The request is filed and decided before departing the United States to appear at a U.S. embassy or consulate. Illegal immigrants do not have the proper legal documentation to be in the country, or they have overstayed their time allotted, perhaps on a tourist or student visa. The biggest concern is the time the non-citizen spent without legal documents in the United States, particularly if the person entered without inspection (for example, by crossing the border illegally). When filed as a part of the adjustment of status package (or while still pending), there is no additional USCIS filing fee. Therefore, any immigrant should seek prompt legal assistance if he or she is divorcing a United States citizen.If any of these three exceptions are proven then the immigrant may remain in the United States.Getting a divorce has many implications for an immigrant spouse in the United States. They cannot vote, and they cannot receive social services from federally funded programs or social security benefits; they cannot hold United States passports.

The type of petition filed with the United States Citizenship and Immigration Services (USCIS) will depend on the previous immigration status of the foreign spouse, if applicable. If that person happens to be unlawfully present in the United States, you may still have a path to marriage and a normal life in America. A divorce may delay the alien’s citizenship process since there is only a three year residency requirement for immigrant married to U.S. citizens and there is a five year residency requirement for immigrants who are not married to U.S. citizens.

Languages spoken at our law firm include:Unfortunately, this option does not include the right to petition for a Green Card. When filed as part of the adjustment of status package (or while still pending) there is no additional USCIS filing fee.You can’t necessarily control who you fall in love with.

The biggest concern is the time the The lawful entry is essential.

An attorney can help you evaluate your situation, determine whether you have a possible path to a green card, assess your prospects of getting a waiver if you choose to go forward with an application that requires your being interviewed abroad, and help you with the application process.Immigrants who entered the United States (on their most recent entry) with a visa or other valid paperwork and are married to a U.S. citizen don't, however, have this problem. The solutions generally depend on how the immigrant entered the country and the citizenship status of the person he or she married. While the presumption is that a divorcee who does not have permanent resident status will be deported, there are exceptions to that general rule. As discussed earlier, this is where the 3- or 10-year bar could become a legal obstacle for the application. Once you are married to a US citizen you have to file a petition and wait about a year to be approved. However, it is important for both spouses to understand that a spouse’s citizenship status has no bearing on a court’s award of child custody or property division decisions. The solutions generally depend on how the immigrant entered the country and the citizenship status of the person he or she married. Despite the fact that your marriage may be valid, when an illegal immigrant seeks to become a legal resident, various issues come up. Generally, when an immigrant marries a U.S. citizen and the couple resides in the United States, the immigrant spouse is provided with a conditional permanent resident status until the couple has been married for two years. Generally, an immigrant who divorces a United States citizen after 2 or more years of marriage is less likely to face deportation if the immigrant has already obtained permanent resident status.

There are no laws against marrying an illegal immigrant.