If you have not overstayed your visa you can apply for residency while your OUTSIDE the USA but it will be VERY DIFFICULT. Check with your country's embassy or consulate. Good Luck!AnswerInformation can be found at the United States Citizenship and Immigration Services website..http://uscis.gov
Note that if you are actually illegally here in the U.S., you CANNOT obtain residency (the first step to citizenship) while still inside the U.S., even by marriage. You must first leave the U.S., and then petition for residency from your country of origin (usually, a country where you have legal citizenship). This includes those attempting to acquire legal residency through marriage - while you can legally marry a U.S. citizen while in the U.S. (even if you are an illegal), that U.S. citizen cannot petition for you to be granted legal residency UNTIL you leave the country.
There is currently no way for a person illegally in the U.S. to convert their stay into a legal one while remaining inside the U.S.
First, When the INS catches the illegal alien, they WILL be deported. After paying a $1,000 fine, and waiting 3 to 5 years, the alien may then apply for a marriage visa, a green card, and citizenship in the US at the Embassy in his native Country. If the US Embassy determines that the alien had made illegal entry into the US "for the sole purpose of marrying to obtain citizenship" the applications will be refused. Also note that in the US most states now require proof of citizenship when applying for a marriage license.
Illegal immigrants are not eligible to obtain citizenship. They have to meet certain requirements (including legal residency requirements in most countries) before they could even be considered. -- Help me in the battle to conquer cancer. Please support my fundraising efforts at www.conquercancer.ca/goto/donate What steps does an illegal alien over 21 years old need to take to be eligable to apply for citizenship; do they need to return to their homeland to start process?
Sponsoring an illegal alien as a friend or relative can be complicated. The key is to successfully fill out a petition form and an Affidavit of Support. On these forms, you must prove that you can successfully take care of the illegal alien as well as proving yourself as a true U.S. citizen. Fill out an I-130 Petition for Alien Relative through United States Citizenship and Immigration Services (see Resources).
Is the Canadian citizen also an American citizen or holds citizenship. if so then yes if not then. Technically no. This is because neither party holds a current American citizenship. If the Illegal alien was to marry upon Canadian territory then apply for american citizenship or Visa. But other wise legally no. However they should check.
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