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Yes. A same-sex spouse can sponsor a foreigner for legal residency. The problem is, however, that if you entered the country illegally, you must pay the penalty for illegal entry into the United States. This is usually a 10-year exile in your country of origin. If you entered legally but overstayed your visa, then the process is much easier.

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Q: Can an illegal alien can become a legal resident of the United States if in a same-sex marriage with a citizen?
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