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If a US citizen is married to an illegal immigrant and they have two US born children can she obtain legal status or is she subject to deportation and would the children affect the decision?
Wiki User
∙ 17y ago
If your already married she's already legal! * An immigrant legal or illegal does not become a US citizen by marrying a US citizen. The female immigrant who is in the US illegal can still be deported under US Immigration laws. The issue of her being married to a citizen and having children may or may not be to her advantage. If she is taken into custody she will be given the chance to appeal any deportation issues, but there can be no guarantee of the outcome. The best option is for her to consult an attorney who is knowledgeable in immigration law before taking any other action.
Wiki User
∙ 17y ago
Wiki User
∙ 15y agoThat depends- is the father the illegal immigrant or is he the US citizen? If so, he would have to leave the U.S. And no, the children have no effect on the decision.
Answer
The US citizen needs to find out the steps to get the spouse legal. If s/he is deported, it will seriously affect the family. Having US children does not change his status.
Like all things, facing the problem and working on it right away is better in the long run.
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If you have children in the US can that stop you from deportation?
No it can not. my husband and I have 2 children born in the US and I am a US citizen and they still deported him.
Can a Canadian citizen marry an American citizen in the US?
anyone can marry anyone from anywhere, however it does not make the immigrant legal, and alot of the time, has no effect on the courts decision if the immigrant can stay
Can a non-US citizen go to court for custody in us courts?
It is possible for a non-US citizen to go to court in a custody case for a child. If one party is an illegal immigrant, they may be subject to deportation.
Can an 18 yr old us citizen marry an 18 yr old immigrant in tx and get her residence without any problems what do we go through?
As long as they are a legal immigrant, there should be no problems. If they are not legal, it could result in deportation.
What penalties does us citizen face if marry a illegal immigrant with out go for visa or green card?
The illegal partner will probably be repatriated to his/her home country or be imprisioned prior to deportation. The American citizen may be fined or criminally charged.
If a United States Citizen marries in the United States in January 2009 to an immigrant from the Philippines is she now considered to be a United States Citizen?
No, she is not. She will be allowed to remain in the US with her spouse and children, but she will have to apply for citizenship separate from her marriage. The US citizen REMAINS a US citizen. The immigrant remains an immigrant and must follow the legal path to resident immigrant status, and from there to citizenship. Marriage is not a free pass to residency or citizenship.
Can an illegal immigrant be deported from NZ if they are married to a NZ citizen?
You can be removed from any country that has a valid reason for the deportation. Esp if they have a warrant against them in a country just waiting to hear from them and NZ does not want them there.
Can a US citizen marry an illegal immigrant while he is being held by INS?
No. A foreign national who is being detained has forfeited rights to such actions until the USCIS, DHS or ICE determine the reasons for his or her presence within the U.S. After the investigation is completed a decision will be made on imprisonment, deportation or the granting of some typ of visa or residency.
Can an illegal resident in the US marry a US citizen and apply for citizenship without being arrested?
If the immigrant is a true illegal (i.e. entered the country illegally/without inspection) even a marriage to a US citizen wont prevent him from facing possible deportation. Moreover, an immigrant CANNOT apply for citizenship, they must first apply for legal residency
What can be done to assist and illegal immigrant married more than a year to a us citizen who is a deportation status?
I guess it depends on the persons background, if he has commited offenses, or has any weapons to hand these are all important factors.
If you marry an immigrant who is in prison awaiting deportation will he be allowed to remain in the US?
No. The marriage would not be allowed. Also, marrying a US citizen regardless of the circumstances does not prevent an illegal immigrant from being deported.
What is an immigrant called before is citizen?
Landed Immigrant then Permenant Resident
