Re: US citizen marrying illegal from mexico

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As an practicing immigration lawyer I can give you the
following general advise HOWEVER, I suggest you consult a
local immigration attorney for more info. The general rule is
that an alien that enters without inspection (across the
border) cannot adjust (get a green card). There are a few
exceptions, such as illegal aliens who are protected by section
245(i). If he does not fall within an exception you will not
be able to do anything for him.
Louis

On 3/07/07, Fanua SP. (SCUPS-Student) wrote:
> Dear Isabel,
>
> Yes, illegal alien can marry to U.S. Citizen but that alone
> does not put them above the law. The law does not change in
> term of processing application to become U.S. permanent
> residence.
>
> The application will be revoked if the marriage is found to
> be a sham. The couple may also be subject to criminal
> prosecution and could be imprisoned for up to five years and
> fined as much as $250,000 etc.
>
> However, the road to green card is difficult to many
> families. This is an example of what family might face down
> the road (Ulvie case). He (illegal alien) married a US
> citizen. He helped raise his wife’s two children from
> previous relationship. Three years from their marriage, they
> had a child of their own.
>
> In November 2002, he was picked up by the INS. The family
> file petition with immigration, two months later the Federal
> Immigration Judge gave the family permission to file a
> marriage petition with the INS. Now they will decide whether
> he could adjust his immigration status or return to his home
> country and apply for a visa to come back to his family (it
> could take 5-10 years before he could return back if the ct
> decided to go back). The best way to handle this type of
> case like this is to hire a very good immigration Attorney.
>
> Thanks
>
>
> On 3/07/07, isabel wrote:
>> I always had the impression that an undocumented Mexican
>> immigrant marrying a US in the US would be a golden path
>> to a green card? Am I mistaken?
>>