Legal Question in Immigration Law in Oregon

Re: Marrying an illegal immigrant women

Dear Inquirer:

If you are a US Citizen, you may petition your spouse for lawful permanent resident status after the marriage. If your intended entered the US with a visa, then she should be eligible to adjust status in the US. If she does not have proof of a lawful admission and was not the beneficiary of a previously filed visa petition or labor certification application--filed before April 30, 2001 at the latest--then she most likely would have to pursue a visa outside the US. CAVEAT: if she is seeking an immigrant visa, she will be found inadmissible to the US for ten years for having accrued more than one year of "unlawful presence." This bar can only be waived if we can establish that you would suffer "extreme hardship" if she were refused admission.

I recommend that you visit www.hanlonlawgroup.com or email [email protected] if you would like to schedule an appointment for a confidential consultation to discuss this matter further.

Re: Marrying an illegal immigrant women

It is not clear from your post what you mean when you say that she has been living here illegally. If you are a US citizen, and you marry her, she may be eligible to apply for a green card while staying in the US. However, her ability to do so will depend on her immigration history as well as her criminal history (if any). She should speak with an immigration attorney about her immigration history to determine her options at this point.

Please note that content of this reply does not constitute legal advice or create an Attorney/Client relationship in the absence of an agreement for legal services/retainer with my office. This is just a place to start in deciding what to ask your lawyer.

Re: Marrying an illegal immigrant women

Yes, you can marry her (assuming that both of you are single or divorced).

However, whether you will be able to help her obtain a green card (permanent residency) in the USA depends on many facts that you omitted from your post.

- How did she come to USA? Did she have a visa?

- Has anyone ever petitioned for her in the past?

If you wish to schedule a consultation with our law office, our contact email address is Attorney [@] law-visa-usa.com

Re: Marrying an illegal immigrant women

If she entered US with valid visa and over stayed, then you might petition for her green card in the US.

If she just crossed the border and stayed here illegally, the process will be more complicated.

There may be other factors that can affect her eligibility and the process. Please contact us if you want to set an appointment for office consultation.