I have a question about immigration laws?

by **koltin** » Mon Mar 05, 2012 9:17 pm

Is there a recent bill that states if an illegal immigrant marries, they can go through the entire citizenship process without having to leave the US and go back to their home country? Supposedly I have been told this has passed for those who were married before a deadline.

by **hewlett** » Mon Mar 05, 2012 9:19 pm

I haven't heard of any such law, and I doubt that such a law would pass.

by **donough** » Mon Mar 05, 2012 9:20 pm

No such law exists. If an illegal married a US citizen, they can start the process of getting a green card whilst the illegal is in the US. However when the time comes for the interview, the illegal will have to travel to their home country for this. Of course the petition will be denied due to illegal presence in the US. The illegal will also receive a 10 yr ban. It is at this point the US citizen spouse can file for a waive of inadmissibility. They would have to prove extreme hardship in the US without their non US spouse. If they can do this then the waiver will be approved, and the immigrant allowed to legally return. Up to 75% of these waivers are approved. It is not easy so you do need an immigration attorney to help with the waiver. Also be aware this portion of the process may move quickly (a couple of months) or it could drag out for a year or so.

by **sylvester37** » Mon Mar 05, 2012 9:25 pm

No, it hasn't passed. It was just a suggestion by Obama.
Even if it does get passed, they still have to go back to their country to get their visa. The only thing it would eliminate is waiting for the approval of the waiver outside the US. They could file and be approved for that before they have to go back.

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