Legal Question in Immigration Law in Utah
I'm thinking about getting married but my future spouse happens to be undocumented, my partner came here illegally, is it possible to fix my partner's immigration status? and if so, how do I approach the issue and what would the procedure be?
1 Answer from Attorneys
Generally, if someone enters the U.S. without inspection, he or she cannot apply for a green card while in the U.S. There are only very limited exceptions to this - for example, you will need to see if your future spouse is eligible under the LIFE Act.
In most situations, a person who comes to the U.S. illegally does have to return to his or her home country to apply for an immigrant visa (which is like applying for a green card at a consular post) and requesting a waiver.
It is usually better to hire an immigration lawyer to help with this complicated process.
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