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No. You apply in the US. The only issue is whether he has to return to India for permission from his country. But I believe that's handled through his consulate (most major cities have a consulate for India). * The foreign national spouse will be required to voluntarily leave the U.S. or be officially deported. Immigration laws no longer allow a citizen spouse to apply for permanent resident status of a spouse who was unlawfully present at the time of the marriage. There are a few exceptions to the law, such as a person who qualifies as a refugee or asylee. Because the person entered the U.S. illegally they will not be able to apply for reentry for at least one year or if they have been in the U.S. for more than a year the time becomes 10 years, with exceptions made based on the merit of individual cases. United States Citizenship and Immigration Services, http://www.uscis.gov

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โˆ™ 2006-04-07 15:36:15
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Q: When a U.S. citizen marries an illegal foreign national does he or she have to return to their country before applying for a Greencard and if so for how long?
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