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Results 1 to 7 of 7

Thread: ILLEGAL TO LEGAL??

  1. #1
    Does anyone know if someone entered the US illegally if they marry a citizen how can I make that person legal? THANKS!

  2. #2
    Does anyone know if someone entered the US illegally if they marry a citizen how can I make that person legal? THANKS!

  3. #3
    At this time there is no possibility to make this person legal. When 245(i) is reinstated you will be able to do so by paying a fine.

    This won't happen in the near future though.



    http://www.immigrate2us.net
    I am not a lawyer nor do I claim to be one so please double-check any information given by me, or anyone else for that matter, with a certified (immigration)lawyer before you take any further steps.

  4. #4
    osrgr8t, are you saying the person entered without inspection? If that is the case then the person would have to leave the country for at least a part of the time during adjustment of status. There are several people on the board that are dealing with this so hopefully one of them will respond with more details.

  5. #5
    osrgr8t - any American citizen can file the I-130 (petition for alien spouse) for his/her spouse, even if that spouse entered without inspection. However, the alien spouse is not eligible to adjust status (become a permanent resident) unless he/she first returns to his/her country. That means that after the I-130 is approved (6 months to a couple years, depending on which service center you have to submit it to), the alien spouse must return to his/her country for an interview. At the time he/she leaves, a bar on re-entry begins (no re-entry for 3 years if he/she was in the country for between six months and a year, no re-entry for 10 years if in the U.S. for more than a year.) In order to remove this bar, the U.S. citizen must file the I-601 (waiver of conditions of inadmissibility (or something like that)). Approval of the I-601 varies WIDELY depending on the alien's spouses home country. If it is approved, the alien spouse gets a stamp in his/her passport that says he/she is a permanent resident and can re-enter the U.S. The time between leaving the country and I-601 approval again varies widely - but at the very least a few months and in many cases a year or more.

    That's the process in a nutshell!

    Esperanza

  6. #6
    there are several people that have gone through/ are going through the I-601 process on www.immigrate2us.net.

    I would recommend that you check that forum out!

  7. #7
    I am going through the process of legalizing my husband. He entered illegaly from Mexico. Everything that Esperanza said is correct. What country is you spouse from? That could make a very big difference. If s/he is from Mexico, the outlook might be pretty bright..
    Have a nice day

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