Legal Question in Immigration Law in Indiana
How can they do it?
How can an illegal alien get legal in the United States? What do they have to do when they marry an American?
2 Answers from Attorneys
Re: How can they do it?
I'm assuming that, by "illegal alien," you mean someone whose most recent entry into the U.S. was made without inspection and admission by government authorities. In most such cases, they can't obtain legal status without leaving the country and applying for a visa at a U.S. consulate overseas. However, depending on the case, departure from the country might trigger a three- or ten-year bar from returning -- a Catch 22-type situation from which there often is no escape.
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Re: How can they do it?
It depends on how the alen entered the US. If he originally entered legally but later became illegal, then in most cases he can apply for permanent resident in the US after marrying USC.
If he originally entered US illegally, then the case is complicated and usually he can only go out of US to apply for permanent resident. The likelihood of success also depends on a lot of factors which require further evaluation.
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