Citizenship and Marriage

If an illegal immigrant marries an American citizen while here illegally is a hardship petition the only way for him to get LPR or citizenship status and must he first go home and 10 year bar apply?

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2009-12-23 13:48:09
2009-12-23 13:48:09
AnswerI think that's the only thing you can do. I always tell people that the right way to marry an illegal immigrant is for the US citizen to apply for a fiance/ee visa first, then marry the man/woman when he/she enters the USA with his/her fiance/ee visa. That's the right way to do it to avoid these problems. AnswerIt depends on how the immigrant enetered the US. If the immigrant entered the US legally and became illegal after their arrival to the US, then he is not required to leave the country to be eligible for relief. The immigrant can be sponsored by their spouse for LPR under the Family Based application process. This is only applicable to immigrants married to US citizens that have entered the US legally.

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OK. There is really no simple or easy answer to this question as the answer depends upon several different factors. First of all, how long ago was your loved one deported and for how long were they deported for? Another factor is, if your illegal love is currently in theU.S. during their active deportation ( example: my husband was given a 10 year deportation in Oct. 04, and by Jan. 05 was back in the country illegally, obviously within the restricted 10 years) and can in some way be tracked and proved in any way such as a traffic ticket, record of them working, getting married, etc. they will automatically be given a reinstatement of their current deportation with a general penalty of 5-10 more years tacked on. If your illegal love is currently in the USA I would recommend living very cautiously. DO NOT let some money-hungry immigration lawyer convince you that for x-amount of thousands of dollars your loved one can stay here. It's a lie. Let me tell you about my situation. I met my now husband in '03, he was deported for 10 years in '04 and came back within a month. We continued to live here in the states together until '06 when we went to his hometown and married. (One of the above-mentioned money-suckers actually told us that this is what we should do) I lived with him in Mexico for 6 months and then came home alone, to presumably get everything in order to bring home my husband. Yeah right. So now here comes the fun-pretty much the onlyway for anyone with a deportation to be considered for a visa is to be given a pardon for the deportation. Now, from what I understand from the SEVERAL immigration attorneys that I have been through, there really are no guidelines as to who actually gets pardoned and who doesn't. The only requisite states that the citizen must prove "extreme hardship" as a direct result of the absence of the deported spouse. However, the definition of "extreme hardship" has been yet to be known by any moron attorney. From what one of the more compassionate lawyers I came across explained to me usually the only cases that get granted involve the couple having a gravely ill child. Generally, this pardon is rarely granted and any decent attorney should tell you that instead of giving you false hope and taking your money. My advice is that if your loved one is already here, live as low-key as possible until the deportation time is served, and if by the grace of God you guys make it all the way through without it being documented that they were here during that time, then go to their country of origin and get married or go to a lawyer and pretend that they have been in their country this entire time and ask for a fiancé visa. When it comes time for their immigration interview they will have to return to their country with the risk of still being denied for the visa. Unfortunately until there is a change in our immigration processes the only other thing left to do is pray every moment of every day for some sort of decent immigration reform that will allow all of our broken families to live together in peace once and for all. But I am not holding my breath. By the way, in our case, after lots of money and many denials for the pardon, he reentered illegally and we were fine until Dec. '08 when he was the victim of a horrible armed carjacking/kidnapping, and unbelievably due to the horrendously racist part of the USA that we live in, my husband was taken to jail with his aggressor. (My husband was arrested simply for his illegal status) With the new twist that my husband was the victim of a violent crime and aided in the prosecution of the case against his attacker, yet another immigration attorney appeared with promises of visas and citizenship. $7,000 and 6 months later, my husband was back in Mexico with the reinstatement of his prior deportation and an extra 10 years for being in the USA during the original 10 year timeframe. Now he's there and I'm here. What now? It's too dangerous over there right now to even think us living down there. We're stuck. So as far as I can tell, under the current, very difficult policies and regulations, there is a VERY slim chance of you being able to get your loved one any kind of permission to legally be here in the USA with you until their deportation is over.

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