SmithChart

I heard that if someone is living illegally in the state, even for years.
He/she can still get to be a legal resident if he/she married a citizen on
the U.S.

Is this true?

Thanks.

HC

Just Jenney

Sorry, that's NOT a quick or simple question to answer. You don't give enough details about how the person came to be illegal.

~ Jenney

CaliforniaBride

Have a read of this:

http://uscis.gov/graphics/howdoi/lpreligibility.htm#j

ian-mstm

Largely, this will depend on how the person entered the US. If they entered legally (inspected) and overstayed a visa, for example, then... probably! If they entered without inspection, then probably not!

If you want a more specific response, give more specific information. I'm guessing, though, that you won't give specifics because this "person" is probably your "special friend" and you don't want to jinx a good thing!

Ian

Matthew Udall

Not really that simple of a question (I often get calls from people who start out with "I just have one simple question". I often tell them that sometimes simple "questions" require long, complex answers).

Look into 245(i) and see if that applies. There are a lot of people currently in the U.S. who are waiting for an old preference I-130 to be approved, and will still be able to adjust under 245(i) even though that sunset years ago.

Edited to add a bit more: I'm assuming an EWI. Ian also brings up a good point.

fatbrit

The simple answer to your question is yes.

Ray

I disagree ..more a maybe ...

fatbrit

But maybe is neither quick nor simple. The quick and simple answer is yes.

ian-mstm

You betcha... this is a free country, right? The OP can believe what he wants and who are we to say that his beliefs are wrong? Man, I love this country!

Ian

fatbrit

Well...I'm not sue I'd go that far.

Folinskyinla

It may very well not be correct, but it sure is simple.

fatbrit

What's incorrect about it?

The question reads as such:
"I heard that if someone is living illegally in the state, even for years.
He/she can still get to be a legal resident if he/she married a citizen on
the U.S.

Is this true?"

My answer:
Yes, (it is true that someone who is living illegally in the state, even for years, can still get to be a legal resident if s/he married a citizen on the U.S.)

Quick, simple question producing quick, simple answer. Why does everyone need to make it so difficult?

scrubbedexpat099

Even if EWI the answer would still be yes, just a more complicated process.

Any particular individual may have particular circumstances that would make it a no, but that would be unusual. It was a general question.

Folinskyinla

Hi:

Client consulations often involve a question tree -- and this "simple" question has such a tree.

scrubbedexpat099

I absolutely agree.

I took it we were arguing semantics with regards to the appropriate answer for the specific question as opposed to the reality of an individual situation.