Legal Question in Immigration Law in Illinois

Need Help

I am currently engaged to an illegal immigrant from Mexico. He has lived here for 4 years and has worked here illegally. We will be married in less than 8 months. Are we going to have problems obtaining citizenship for him? I am very unfamiliar with the process and I would like to learn more about it. Is there anything that we can start on now? He speaks perfect English and has had no problems besides a traffic ticket.


Asked on 12/13/04, 12:39 pm

3 Answers from Attorneys

Gabriel Jack Muston & Jack P.C.

Re: Need Help

unless he has had a case filed on his behalf in the past by someone other than you, (i.e. an employer or another relative), he will more than likely need to have his permanent residence interview in Mexico. At such time, he will request what is referred to as a "Waiver". They are usually good about approving them, but you need to show a "Hardship". Feel free to email or call me to discuss further.

Gabriel D. Jack

Attorney at Law

408.293.2026

Read more
Answered on 12/13/04, 1:06 pm
alexander tolmatsky law offices of alexander tolmatsky

Re: Need Help

hi if you are a usa citizen and your husband entered the us the us inspected he may be able to become a us citizen at some point in time. i would need more details about his entry into the u.s.; send the details by email at your convenience.

Read more
Answered on 12/13/04, 1:25 pm
Kevin Plachta The Law Office of Kevin F. Plachta

Re: Need Help

Hi, the fact that you are a US citizen and he is not does not automatically make him a US citizen.

What first needs to be done is a petition needs to be filed by you on his behalf. Once this petion is filed the Immigration Service will order your fiance/husband to Mexico for the visa interview. Because he is illegal and has resided here for over a year the visa will be denied. At this point another petition, the 10 year bar waiver, along with a "hardship" letter is filed and a hearing is held to determine if the waiver is granted. If the waiver is granted then your fiance/husband will receive a visa. Right now I believe the percentatge of waivers granted is 90%. He will not be able to apply for citizenship until three years have passed after receiving his visa.

I would be more then happy to discuss the process in greater detail without any obligation. I am currently representing several couples who are in the same situation as you are. Please feel free to call my office at 815-254-4719 or you can email me at [email protected].

I look forward to speaking with you.

Read more
Answered on 12/13/04, 2:41 pm


Related Questions & Answers

More Immigration Law questions and answers in Illinois