Winning Strategies, Proven Results.
THE FACTS: A client had been awaiting adjudication of their employment-based Form I-485, Application to Adjust Status for many years. The case had been stuck with U.S. Citizenship and Immigration Services with no signs of movement. After years of frustration, the client came to us to seek a resolution of his pending Form I-485 (green…
THE FACTS: A corporate client brought one of their employees to our office for a consultation. The employee was currently on an H-1B visa working for the company. We learned that a prior law firm had begun a Labor Certification (PERM) Sponsorship case on his behalf and made some significant mistakes. The corporate client was…
THE FACTS: A U.S. Lawful Permanent Resident client came to us with a series of very old criminal convictions in Virginia when he was a young man. He had been convicted of four crimes in Virginia that had an impact on his immigration case. The client has two misdemeanor shoplifting convictions (Va. Code Sec. 18.2-103,…
FACTS: A same-sex couple sought our assistance after the denial of their initial I-601A, Provisional Unlawful Presence waiver – which they prepared themselves. After an initial denial, the client hired our firm to assist them. The client feared that they would almost certainly face persecution if returned to El Salvador because of their open same-sex…
FAQ
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Can an illegal immigrant marry us citizen?
Yes, an undocumented or illegal immigrant can marry a U.S. citizen. However, marriage itself does not grant legal immigration status, but it can be a factor in certain immigration processes. If an undocumented immigrant marries a U.S. citizen, they may be eligible to apply for a marriage-based green card (permanent residence) through a process known as Adjustment of Status. However, it’s important to note that navigating the immigration system can be complex, and each case is unique. Consulting with an immigration attorney or accredited immigration representative is highly recommended to understand the specific options, requirements, and potential risks associated with marrying a U.S. citizen as an undocumented immigrant
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What Does Immigration Look for in a Marriage?
When assessing a marriage for immigration purposes, immigration officials (also called USCIS) typically look for evidence of a genuine and bona fide relationship. They examine factors such as shared financial responsibilities, joint assets or property, evidence of cohabitation, photographs together, correspondence, and affidavits from family and friends. The purpose is to ensure that the marriage is not solely for immigration benefits, but rather a legitimate union based on love and commitment. Each immigration agency may have specific requirements, so it’s important to consult official guidelines or seek legal advice for accurate information in your jurisdiction.
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What happens if I am called to an interview?
If you are called for an interview, it means immigration authorities want to assess the authenticity of your marriage. During the interview, you and your spouse will answer questions and provide evidence to demonstrate the genuineness of your relationship. Prepare by organizing supporting documents and be honest in your responses. After the interview, the officer will review the information and make a decision. If requested, submit any additional evidence promptly. Consulting an immigration attorney can provide valuable guidance during this process.
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Will a divorce affect my immigration status?
Yes, a divorce can potentially affect your immigration status if it was obtained before you obtained permanent residency (green card) through marriage. If you are a conditional green card holder, a divorce could complicate the process of removing the conditions on your residency. However, if you already have a permanent green card, a divorce generally does not directly impact your immigration status. Each case is unique, so it’s crucial to consult with an immigration attorney who can provide personalized advice based on your specific circumstances and help navigate any potential immigration implications of a divorce.
