With the marriage of a citizen to an illegal alien what is the hardship the person would endure to waive the 10-year-bar?
I would love to know myself. I am in a similar situation. I have spoken to an attorney. I will tell you my situation and hopefully it will be of some help to you. I am in love with an 'illegal alien' that has overstayed his visa in the United States. We are very close to getting engaged....I thought as a US Citizen it would be no problem, but being that he overstayed his 'visa' - its a lot tougher than I thought.
My attorney advised us NOT to leave the country. But if we do leave the country and head over to his country to do 'our papers' then he can face the possibility of getting a 10-year ban from entering the US. At that point, me 'as the spouse' would have to file a petition of waiver (that can take up to 6-12mos). Even after they review my petition the US Embassy might not grant the 'waiver' and I would have to reapply. So the burden we would have to face is of 2 things: Either I would have to be stuck in his country until he finally is permitted 'legally' back into the US; so not only would I be leaving my family, I would be leaving my job, and I would be in a 3rd world country of poverty.
Or I would have to face the burden of me going back to the US without him until everything is resolved. The point of us being married is to be together not apart. Its tough! It is not easy!
My attorney, however, has advised us to wait for the 'laws' to change. Hopefully you are keeping up with the news because President Bush has submitted a proposal for illegal aliens that are here in the US. Hopefully this proposal will be passed before election of Nov. 2004; if not we will have to wait til after election, but either way there will be new laws on the way for illegal aliens; so we may not have to face any 10-year bans!
Hopefully this has helped you!
- I have spoken with a lawyer also, and he is an immigration attorney for illegal aliens. He told me that my husband will be able to return to the US in 1 to 1 1/2 years after applying for a visa. You do have to get a waiver to remove the ban, but my understanding is that the ban is however long the illegal alien was in the US illegally. Ex. My husband was here 4 1/2 years illegally, so they would ban him for 4 1/2 years plus the 1 to 1 1/2 years to process his visa. Hope this helped.
Please get another attorney !!! If your fiancee OVERSTAYED HIS VISA, he will be fine if you get married, I DID TOO !! and i was able to obtain my green card. The process is pretty straight forward, you can even do it yourself but it'll be a lot easier with a COMPETENT attorney. In the other hand if he came to the country "MOJADO" (WET) crossed the border without Immigration inspection, now he is going to get out of town and will have to wait 10 years unless a waiver can be obtained which is difficult.
So I might be waaay too late on this.. but I am in the same situation too! But I would advise this.. The hardship you have to go through has to be medical. Most of the time, the INS and all that will actually be MORE understanding when It's an actual medical problem, and you NEED your husband/wife. And If he has or she has the 10 year ban already and you did the petition.. Best thing to do is to PROVE that you need that person here. DO not LIVe there with him or her. Because that will prove that he is not as important to come here because you can go there. A visit every month or every other month, whatever. Proves that you need him/her, but you come back.. and prove that he needs to be here. Get it?
If the illegal filed a petition, or was listed in a petition (I-130) before April 2001, and living inside the U.S., then there should be no problem and the illegal can adjust status based on marriage. If the illegal entered LEGALLY, but overstayed, then there should be no problem and the illegal can adjust status based on marriage. If the illegal entered ILLEGALLY, then the illegal is absolutely screwed and CANNOT become legal based on…
Yes, a marriage performed in South America will be honored in the U.S., with the exception of gay marriage- which is not recognized in the U.S. If you mean a marriage in the U.S. between a citizen and an illegal, this marriage will also be recognized, but again, not for gay marriage. Be aware than simply marrying a citizen doesnt grant you legal residency
If your boyfriend and you want to get married and he is not a legal citizen can you still get married?
If a US Citizen is married in another country with an illegal person is the marriage legal in the US?
If you marry an illegal citizen and you are an American citizen do you have to live together if you have an alternative lifestyle?
First, there's no such thing as an illegal citizen. Second, there's no such thing as an alternative lifestyle. But if you are asking if a marriage between a gay person and an illegal immigrant of the opposite sex would be valid if it is not consummated, that depends upon the laws of the state where the marriage took place. If the marriage was made with the intent for the illegal alien to gain citizenship or…
How does illegal immigrant who currently lives in the US and plans to marry an American become legal?
The belief that marriage to a US citizen makes an illegal "legal" is probably among the top immigration myths. But to answer your question, the answer is, it depends: 1) if first entry was legal but you overstayed (i.e. visa expired) then YES, marriage to a US citizen is a way to become "legal" 2) if first entry was illegal (i.e. you sneaked across the border), then marriage to a US citizen can NEVER be…
Can a Jehovah Witness Elder marry a US citizen with a Jehovah Witness that is an illegal immigrant in the US?
According to INS if she is illegal she will have to leave the country along with her kids. There is nothing you can do. Helping her stay after a divorce is illegal for you. She will have to submit proof of hardship and try to obtain a perm. residence on her own after the divorce. If you want to help her simply pay the filing costs. Edit: Unless the kids are citizens.. be that…
If an illegal alien had a baby with a US citizen and did not marry the same citizen what rights does that illegal immigrant have?
There are not grounds for filing a civil suit in such a situation. In addition, a foreign national whether illegal or not does become a citizen by marrying an American citizen, nor are they guaranteed permanent resident status. United States Citizenship and Immigration Services, http://www.uscis.gov
If there was illegal entry, then no, marriage doesnt make you a legal resident. You would need to file a 130 petition along with a I-601 waiver at the U.S. embassy/consulate in HONDURAS, and you would be required to appear there. If you had legal entry, then it would be possible to get legal residency through marriage to a citizen.
What will happen if an illegal immigrant marry a us citizen and divorce before filing for a permanent residence?
There is nothing illegal for a US citizen to marry a non-citizen. This marriage will entitle the non-citizen to a number of benefits as the US Citizen can sponsor his/her Citizenship. What matters is whether the non-citizen is legally staying in the US.Illegal residence will lead to deportation and rejection of further visa applications of the non- US Citizen.