Legal Question in Immigration Law in Louisiana
Is it possible for my spouse to obtain a visa or citizenship, if entered the USA illegally? We've been together for more than five years, married for two, and have two kids together. We got married in the USA.
2 Answers from Attorneys
If entered the USA illegally, it could be possible to obtain a green card, BUT your foreign spouse will have to go to her/his native country to apply for a visa and a hardship waiver.
A foreign spouse is not eligible for citizenship at this time.
A foreign spouse who came to USA illegally, normally, can't apply for a green card by processing it within the USA.
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You'll likely need to apply for the K-3 spouse visa in combination with a I-601 waiver.
You may find detailed information on the process here:
http://www.msclaw.com/i-601-unlawful-presence-waiver.html