Legal Question in Immigration Law in Indiana

I am engaged to an American man and we are planning to be married soon. I am not yet a legal american citizen but i have been in the united states for 2 yrs. My son was born here in the states but does not have an american father. My question is should I apply for citizenship before I get married would it be easier or after we marry?


Asked on 1/16/10, 6:57 pm

2 Answers from Attorneys

Luba Smal Smal Immigration Law Office

It appears that you can't apply for citizenship not now, not after you marry your US citizen fiance. How do you plan to apply for citizenship: are you a green card holder?

I understand that you have been living illegally in the USA for the past few years?

If so, it's crucial to know how did you come to USA, on what visa?

If you came lawfully on a visa which later expired, and otherwise eligible for adjustment of status, then you might be able to apply for residency (not citizenship) after marriage.

If you�d like to schedule a confidential telephone or email legal consultation, need advice or help, please let me know and I�d be glad to help you. Contact email address: Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . I offer legal consultations and can assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. If you would like to request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.

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Answered on 1/21/10, 7:26 pm
Michael Harris Law Offices of Kravitz and Guerra, P.A.

Hi,

Do you have a green card or permanent residence yet? The path to citizenship requires you to first be a resident with a green card. If you don't have a green card, then my next question is how you came to the U.S.?

If you were admitted with a visa or other legal way, then you may be able to obtain the green card without having to leave the country. But, if you were not admitted with a visa (and entered without inspection, and thus now undocumented), then there still are options but it will require a more complex process.

Note, most out-of-state attorneys can legally help you because we are permitted to practice federal immigration law outside of our state of jurisdiction. Please feel free to contact me for a free initial consultation.

Sincerely,

Michael A. Harris, Esq.

Associate Attorney

LAW OFFICES OF

KRAVITZ & GUERRA, P.A.

800 Brickell Avenue, Suite 701, Miami, Florida 33131

Please view my contact information for more information about my professional background.

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Answered on 1/22/10, 7:21 am


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