Marriage to an Illegal Alien

It is estimated that there are some 15 to 20 million illegal aliens residing in the United Sates today. Many of these illegal aliens are married to US Citizens, have children, are working and living productive and good lives. Unfortunately, illegal aliens live with the constant threat of being discovered, reported and removed from their families and lives in the United States. The road to residency for illegal aliens who have married US citizens is difficult, but not impossible. 

The Immigration and Nationality Act allows for an illegal alien who entered the United States lawfully and who is married to a US Citizen, to become a Legal Permanent Resident (LPR) and remain in the United States. In such cases, the US Citizen spouse must file a petition on behalf of the illegal alien and then file an for Adjustment of Status using the I-485 Immigration Form. Most likely, under this scenario, the immigration sins of the illegal alien will be forgiven and Legal Permanent Residency (LPR) will be granted.

Where there is a marriage between a US Citizen and a illegal alien, and the illegal alien entered the United States unlawfully, the problem is far more difficult to resolve, but again not impossible. Illegal aliens who enter the United States unlawfully and are later discovered, are removed and barred from returning to the United States for a period of ten years. Unless, they are granted an I-601 Application for Waiver on Grounds of Inadmissibility. To be successful, the US Citizen spouse must file a petition on behalf of the illegal alien and then demonstrate through the I-601 Application for waiver on Grounds of Inadmissibility, extreme hardship. At this time, without a change in the law, for an illegal alien who entered the United States unlawfully, this is the only viable option currently available to become a Legal Permanent Resident.