Can An Illegal Immigrant Get Married To A U.S. Citizen

Yes, an illegal immigrant can get married to a U.S. citizen. Marriage between a U.S. citizen and an illegal immigrant is considered a “mixed-status” marriage, and it is possible for the couple to get married in the United States, even if the immigrant is in the country illegally. More here.

However, it is important to note that getting married does not automatically grant the immigrant legal status or a path to citizenship. The process of obtaining a green card or becoming a naturalized citizen through marriage can be complex and time-consuming, and it is recommended that the couple seek the advice of an immigration attorney to understand the specific steps and requirements involved.

There are several options available for an illegal immigrant who is married to a U.S. citizen to try to obtain legal status in the United States. One option is for the U.S. citizen spouse to petition for a green card for the immigrant spouse. This process involves the U.S. citizen spouse filing a petition with U.S. Citizenship and Immigration Services (USCIS) on behalf of the immigrant spouse. Then, if approved, the immigrant spouse can then apply for a green card through an adjustment of status process or consular processing. More about the firm.

However, it is important to note that if the immigrant entered the United States illegally, they may be barred from adjusting their status or obtaining a green card through consular processing. This is because individuals who entered the United States illegally are typically not eligible to adjust their status unless they qualify for a waiver. Waivers are available for certain individuals who can demonstrate that their U.S. citizen or permanent resident spouse or parent would suffer extreme hardship if the waiver is not granted.

Another option for an illegal immigrant who is married to a U.S. citizen is to leave the United States and apply for a green card through consular processing at a U.S. embassy or consulate in their home country. However, this option can be risky because it involves leaving the United States and potentially triggering the “three- and ten-year bars,” which can prevent the immigrant from returning to the United States for three or ten years, depending on the length of their unlawful presence in the country.

It is also important to note that even if the immigrant is able to obtain a green card through marriage to a U.S. citizen, they will not be able to become a naturalized citizen until they have been a green card holder for at least three years (if they are married to a U.S. citizen) or five years (if they are not married to a U.S. citizen).

In summary, it is possible for an illegal immigrant to get married to a U.S. citizen in the United States, but the process of obtaining legal status and becoming a naturalized citizen through marriage can be complex and time-consuming. It is recommended that the couple seek the advice of an immigration attorney to understand the specific steps and requirements involved.