Green Card Marriage Process

Summary

A person in the U.S. Unlawfully might face difficulties applying for a green card through marriage due to inadmissibility and unlawful presence bars. Exceptions include asylum status, U or T Visas, Special Immigrant Juvenile Status, and VAWA self-petitioner. An arrest can impact eligibility by suggesting moral turpitude, drug abuse, or a serious criminal history. Arrests for illegal presence can lead to deportation and reentry bars. To apply for a green card through marriage, the person should marry a U.S. Citizen or lawful permanent resident, have their spouse file Form I-130, and apply for a waiver. Consult an immigration attorney for personalized advice.

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If a person was arrested because being illegal in US can apply for greencard through marriage?
A person in the U.S. unlawfully might face difficulties applying for a green card through marriage due to:
- Inadmissibility due to illegal entry
- Three- and Ten-Year Bars for unlawful presence
However, some exceptions or waivers may apply. Consult with an immigration attorney for personalized advice.
What are the exceptions?
The exceptions to being ineligible for a Green Card due to illegal presence can include:
- Asylum status
- Being a victim of human trafficking or crime (U, T Visas)
- Special Immigrant Juvenile Status
- VAWA self-petitioner
These are general exceptions and may not apply in all cases. Please consult an immigration attorney.
Does an arrest can be a problem?
An arrest could potentially impact a person's eligibility for a Green Card. Specifically, it may:
- Lead to a finding of "moral turpitude"
- Suggest drug abuse or addiction
- Indicate a serious criminal history
These can cause issues in the immigration process. Consulting an attorney would be beneficial.
Arrests for being illegal is a problem?
Arrests for illegal presence in the U.S. can indeed pose challenges for green card applications. They can:
- Result in deportation proceedings
- Lead to bars on reentry
- Imply a violation of immigration laws
Always consult an immigration attorney for advice tailored to your situation.
What does need to do the arrested person to get greencard through marriage?
To apply for a green card through marriage after an arrest for illegal presence, the arrested person could:
- Marry a U.S. citizen or lawful permanent resident
- Have their spouse file Form I-*, Petition for Alien Relative
- Apply for a waiver for the ground of inadmissibility
- Attend an interview at a U.S. embassy or consulate
Please consult an immigration attorney for personalized advice.