Best Answer

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,

User Avatar

Wiki User

โˆ™ 2006-04-07 15:36:15
This answer is:
User Avatar

Add your answer:

Earn +20 pts
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?
Write your answer...
Related questions

What is the difference between a resident citizen and national citizen?

A national citizen is the person that owes allegiance to a state or a country. A residential citizen is a person that is born within a country or a state.

What happens when an illegal immigrant marryies a u.s. citizen?

when a illegal immigrant marries a u.s. citizen he or she becomes a u.s. citizen and does not have to return to his or her country I don't think that it's entirely true. If you don't have any papers, then you can not become a US citizen UNLESS you have a visa or greencard.

Does a Canadian citizen need visa to India?

Yes, but it is easier then applying from a different country.

Do I have to marry a US citizen in America or in my country to receive my greencard?

That should not necessarily have a bearing on your greencard status. When an individual is getting their green card based on marriage, the important part is having a valid American marriage to an American and that can happen in another country if that is where you want your wedding to take place. When a U.S. citizen marries a non-U.S. citizen, the couple will have to participate in a marriage interview so the non-U.S. citizen can obtain permanent residency. The marriage interview is used to assist the immigration authorities in determining the legitimacy of the marriage.

How do you spell nashanal?

The word applying to a country or nation is spelled national.

Charles Sobhraj is citizen of which country?

Charles Sobhraj is a French national.

If a foreigner who originally came on a work permit but overstayed it by 2 plus years marries a citizen can he get a greencard or citizenship?

Yes. He can adjust status to that of legal permanent resident without leaving the country.

How to get into the commonwealth games?

You need to be a citizen of a commonwealth country and then qualify to participate in your national team

How can you qualify for a national insurance number after marrying a British citizen but before becoming a British citizen?

You must be living in the UK and have a right to work there. As a non-UK citizen, this will mean you will have to have a visa that allows you to work in the country or you must already be a citizen of an EEA country.

Can you obtain a passport from a city which is not your native?

Passports aren't issued by cities, they are issued by countries. In order to have a passport, you need to be a citizen of the country you are applying to. So if you are a British citizen, you get a UK passport, if you are a Canadian citizen, you get a Canadian passport. It doesn't matter where you were born, it's what country you are a citizen. If you don't have citizenship then you cannot have a passport. Ex: A Canadian citizen, who is NOT an American citizen cannot have a US passport.

Who can get a passport?

To get a passport of any specific country, you need to be a citizen of that country first. In case a foreign national wants to get a passport of a different country, then he/she should first become a citizen. Only then will they be able to apply for a passport.

If a person enters the country illegally with the intention of receiving asylum but is denied then marries a US citizen what will happen when applying for the residency through marriage?

Once you are officially married to an American citizen, you can not be deported from the country, unless you engage in a criminal offense.

Is a person born in a foreign country who's mother is American and who's father is a national of that country considered a US citizen?


If you are a citizen who just married your wife 2 days ago and she does not have an I-94 can you apply for her for a green card?

If she came in legally, you can file for her greencard. If she came in illegally, she will not be able to get her greencard without leaving the country. I am assuming that your wife entered the US illegally otherwise she should have I-94. A person who marries a legal foreigner can definitely apply for her/his greencard, but has to take the first steps which is AOS, EAD and advanced parole. If your wife is an illegal alien, consult an immigration lawyer.

How does an illegal obtain legal status after marry a citizen?

First step is to become legal, which means returning to their home country and applying for a visa.

Is a citizen of the Republic of Ireland also a national of the Republic of Ireland?

Citizen and national are terms that are often used interchangeably. In some situations a national might be considered as someone who originally came from another country or is of a different race to most Irish people. This would be particularly where the term "Foreign national " is used. They could still become a citizen of Ireland, as many have.

Can you travel to Bahamas with a US Greencard?

Yes, but you need unexpired Passport from country of origin also.

How do you come on for the National football team of England when you were born in another country?

because if you live in England for 5 years you get a citizen and haven't been called up for the national team of your birthplace you can then be called up for the national team of the country you are in.

What does citizen mean?

citizen-means that you are loyal to your country and that you were probably born in that countrycitizen is when you are from another countryIf you are born in America, you are a citizen of America. If you're born in Japan, you're a citizen of Japan. Get it?

What are 3 responsibilities of a citizen?

A citizen has to obey the laws of his country and be loyal to his country. The citizen also has to pay taxes.

What is the process by which a citizen of one country becomes a citizen of another country?


Can a us citizen parent have a baby in another country and they will be a citizen in that country?


What is the process which a citizen of one country becomes a citizen of another country?


How do you get life time citienship to other country?

It depends on what country you want to be a citizen of. Which country do you want to be a citizen of?

What is the appropriate term British National or British Citizen?

Depends on the context. A British Citizen is anyone BORN in Great Britain. A British National is someone who has emigrated to Great Britain from another country and gone through due legal process to get here.