Legal Question in Immigration Law in California

marry an illegal

I'm an American citizen, can I marry an illegal immigrant who is here illegally?


Asked on 1/20/07, 6:15 am

4 Answers from Attorneys

Amy Ghosh Law Offices of Amy Ghosh

Re: marry an illegal

Yes...you can. After I-130 is approved..she needs to go back to her home country for consular processing and apply for 601 waiver. If she is under 245(i) she can remain here to get adjusted.

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Answered on 1/20/07, 10:33 am
Armen Tashjian Law Offices of Armen M. Tashjian

Re: marry an illegal

Yes, there are no restrictions on marriage if it is between two humans of opposite sex.

As for immigration consequences, you have not given enough facts to assess the foreign national's admissibility and/or adjustability.

Good luck,

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Answered on 1/20/07, 1:02 pm
Elizabeth waiguchu Elizabeth Waiguchu, Patent Attorney & Attorney at law

Re: marry an illegal

Yes. If your spouse to be is of the opposite sex from you and has not committed crimes you should be able to apply for a status adjustment.

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Answered on 1/20/07, 2:54 pm
David Nachman Nachman & Associates, P.C.

Re: marry an illegal

You can certainly marry. Whether you can get the green card for your spouse in the U.S. will depend upon many factors such as whether or not your spouse entered the U.S. legally (with inspection) or illegally (without inspection). It would also depend upon when they entered the U.S. and if they filed a 245(i) case before April 30th 2001 if they entered the country without inspection.

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Answered on 1/20/07, 7:51 am


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