QUESTION
If I wanted to remarry and say he is an illegal alien, could I legalize him?
Asked on Oct 10th, 2011 on Immigration - Idaho
More details to this question:
I was married before to an illegal alien. I legalized him and now we are getting a divorce after 11 years of marriage and 3 kids later. We have been separated for 2 years now. If I wanted to remarry in the near future and say he is an illegal alien, could I legalize him or not?
5 ANSWERS
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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It depends on the exact nature of his immigration violations and if he is eligible to adjust in the US.
Answered on Oct 28th, 2011 at 1:21 PM
Bankruptcy Chapter 7 Attorney serving Fort Collins, CO
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The Salas Law Firm LLC
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Yes, you may file and probably get an application approval.
Answered on Oct 28th, 2011 at 1:21 PM
It depends, but in many cases it can no longer be done in the U.S., since Section 245i penalties can only be successfully processed for those who were petitioned by April 30, 2001. If he leaves the U.S., then he is barred from lawful immigration for ten years unless you can prove that you will suffer extreme hardship to the satisfaction of a consular official. I strongly recommend an appointment with an experienced immigration attorney.
Answered on Oct 11th, 2011 at 10:25 PM
Immigration Attorney serving Torrance, CA
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Marie Michaud, Attorney At Law
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Of course, you can file for your new spouse, provided he has the qualifications. He USCIS will ask you (usually in an interview) why you got a divorce from the first one, and how long you were married. Those are normal questions. The USCIS wants to make sure you were not married at any time for the sole reasons to fix someone's paperwork. However, because you stated you had three kids together, the past marriage was very legitimate, and your past marriage will not be problem.
Answered on Oct 11th, 2011 at 3:43 PM
Business Law Attorney serving Ketchum, ID
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Adam B. King, Attorney at Law, PC
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If someone entered the country without papers and then marries a US Citizen, the alien must Consular Process in his or her own country and file and have approved an I-601 Waiver. In these circumstances the I-601 Waiver process can be quite complex.
Answered on Oct 11th, 2011 at 1:41 PM