If someone were illegal and from haiti, but then she married a US citizen. Would she become legal ?
Answer:
Whether she can become legal depends on how she came to the US and on her history in the US. Her husband has to file Form I-130 to request an immigrant visa for her and Form I-864 (the affidavit of support). She can then claim the visa outside the US or she can file for adjustment of status in the US using form I-485. Here's where things get complicated.
If she came into the US without any papers or inspection, then she is not eligible to adjust status in the US unless she meets the terms of INA 245(i). To qualify, she would have to have been in the US since Dec. 20, 2000 and someone would have had to file an application for her (work, asylum, family) before April 30, 2001. If that's the case, she can file Form I-485 with Supplement A and pay the $1000 fine. If nobody filed papers on her before, then she can't adjust and would have to go out of the country. If she has been in the US for more than 1 year in "unlawful presence" (generally if she has been here illegally), she will be barred from reentering the US for 10 years, even if she has an approved visa petition from her husband. She may qualify for a hardship waiver of this bar, but she should talk to an immigration attorney to figure that out.
If she came into the US legally (with a visa) and didn't leave on time - known as an "overstay" - then she can adjust status in the US and does not have to pay the $1000 fine since she qualifies as the spouse of a US citizen under INA 245(a).
Unfourtunately yes....
Nope.
What do you mean, 'illegal'? She needs to speak with a licensed professional attorney who specializes in US immigration law.
only if the proper paper work has been done
she may have to leave and start over
If she married a US citizen this provides a provisional status. Next comes an I-485 form which provides one with resident alien status. This typically must be done within 90 days of the marriage but the USCIS is lenient on that as far as I know. At any rate, there is a wait and a test for citizenship. But as long as the person in question has a green card they are legal. I am providing a link for your further perusal as immigration law and government rules are very difficult. Good luck!
She would still be illegal, until she met with the immigration dept. there they would determine if it is believable that the marriage is for real. You can give them all the legal documents you want, but If they feel this marriage is a scam they still can deport you.
that's how they do it on tv
NO marriage to a US Citizen does not automatically make an illegal person legal
it use to long ago, but things have changed over the years
Under current law, she would be granted legal status. However, she would still need to apply for a visa, or citizenship.
Go the USCIS fill in the relevant papers,produce evidence of marriage with US resident and their papers.A month after filing your papers,you will be contacted for Biometrics(fingerprinting etc) 1mth later,you will be contacted for an interview for your Green Card,after that,Im not sure how long for your citizenship.
Marrying alone won't make her legal. There's tons of paperwork to be completed, and interviews to be attended with immigration officers to prove to them you are not just going round the system. This will draw you back over 1k.
Good luck!
yes, with a good immigration lawyer, and about 5000.00 dollars
Marrying a US citizen does not make that person a US citizen. Being born in the US does.
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