Is there a way that you can marry an illegal immigrant that entered illegaly and get them a greencard without them leaving the u.s.?

Answer 1

No, there is not. An illegal immigrant that is entry without inspection (EWI) cannot adjust his status in the US. And if the illegal immigrant leaves the country, then he is automatically barred from entry for either 3 or 10 years, based on how long he has been in the country illegally (either a year or less vs. more than a year). If he stays in the country and is deported, that can be a permanent bar to re-entry.

There are several options:

1) hope that Congress passes legislation that forgives illegal status- NOT likely;

2) give him/herself up to ICE and attempt a cancellation of removal by arguing extreme hardship to a US citizen spouse, parent, or child- difficult to achieve (and you MUST already be married; a hardship to boy/girlfriend doesn't count) and if the cancellation fails, the immigrant will be deported;

3) illegal immigrant must leave the U.S. and file a I-601 waiver with the U.S. consulate/embassy in their home country (of course you need to be married for this option as well)- this standard is even more difficult, even though it uses the words extreme hardship, than option number 2. If a person is unable to show hardship in option number 2, then it will be even more difficult in option number 3. The danger is if the waiver is denied, the immigrant stays there and cannot return to the U.S.