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Thread: Green card holder marying illegal

  1. #1
    USC can petition Illegal spouse. Can LPR petition Illegal?

  2. #2
    USC can petition Illegal spouse. Can LPR petition Illegal?

  3. #3
    Affirmative.

  4. #4
    AF/IE,Why Almost every single immigration lawyers recommends LPR holder to become citizen in order to sponsor illegal spouse. Is it because USC's processing time is faster than LPR sponsor?

  5. #5
    That's one reason (not having to wait for a visa number). Another one is in the event of the illegal status is due to an overstay, he/she can adjust status without having to leave the US first. This privilege is limited to those whose spouse is an USC.

  6. #6
    marmaduk is incorrect.
    Once Visa is available (PD Current), spouses of LPR are subject to the same AOS rules as USC spouse.

  7. #7
    If the illegal spouse has to go back to his/her origin country, Does that person has to wait for 10 years due to overstay violation? is there any waiver?

    thanks mmaduk

  8. #8
    AF, Can the illegal spouse remains in the USA while waiting for the Visa number? Can that person get AED?

  9. #9
    1. It all depends on specific circumstances (EWIs must be processed abroad. Simple overstays are not required to go home if AS through immediate USC/LPR relative).

    2. Waivers (I-601) for 3-10 year bars do exist.

    3. As a spouse of LPR one is not eligible for any immigration benefits until the PD is current (V Visa is no longer issued).

  10. #10
    While awaiting the PD to be current, what is the immigration status of that illegal spouse if he/she insists to remain the US ( if cannot remain in US, Can he/she be deported and bar to get legal status forever since he/she violates immigration law for being overstay and remains in the US while waiting for current PD)

    Thanks AF/IE.

    By the way, your prediction on Comprehensive Immigration Reform is very close to become reality!

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