Legal Question in Immigration Law in Texas

Does a illegal immigrant from Peru become a legal resident of the united states by marrying a us citizen?


Asked on 1/23/10, 5:30 pm

1 Answer from Attorneys

Luba Smal Smal Immigration Law Office

No, he doesn't. There is never an automatic grant of an immigrant status.

After marriage, a US citizen spouse can petition for them with the DHS/USCIS.

Only if a foreign spouse is eligible for adjustment of status (green card), can he become a permanent resident without having to leave the USA.

Otherwise, he/she might have to go back to Peru to apply for a visa and a waiver.

A few issues to consider: how did he come to USA, on a visa, what visa, when? Does he have any criminal convictions? etc.

If you�d like to schedule a confidential telephone or email legal consultation, need advice or help, please let me know and I�d be glad to help you. Contact email address: Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . I offer legal consultations and can assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. If you would like to request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.

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Answered on 1/28/10, 5:43 pm


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