QUESTION

My fiance of 9 years is here illegally.How can he become a legal citizen?

Asked on Jan 05th, 2016 on Immigration - Illinois
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
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If you are a US citizen, you marry him, and he entered the US legally and has no disabilities, e.g. fraud, immigration proceedings or crimes, you could apply for him on form I-130 petition for alien relative, he could adjust to permanent residence on form I-485, and after he has held the green card for three years, he may be able to apply for US citizenship as long as he has lived with you constantly for the three-year required period of residence after being awarded the green card. If he did not come into the country legally, he might still be able to obtain permanent residence under the Obama administration's I-601A program if you are a US citizen, petition for him under form I-130, and he applies for and is approved for an I-601A waiver which is based upon extreme hardship to you if such cannot be granted. If he is approved for the waiver, he would then go overseas for an immigrant visa interview which would in all likelihood be quite normal in its nature.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  
Answered on Feb 03rd, 2016 at 7:20 PM

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