hi, my friend got illegal in 2010, now he is getting married to a green card holder, is he eligible to get green card ?
2 Answers from Attorneys
Hi, the answer to your question depends on facts which you have not provided.
Generally speaking, eligibility for adjustment of status (getting green card) within the United States based on marriage to a green card holder requires that the applicant is in lawful status until the priority date is current (i.e. the green card is available). If the spouse-to-be green card holder naturalizes, adjustment of status might be possible if your friend entered with a visa and overstayed. If your friend entered without inspection, even if the green card holder naturalizes your friend will most likely have to consular process for a green card, and will in all likelihood also need a waiver of the 3/10 year bar which will be triggered upon leaving the U.S.
I strongly encourage your friend to contact an immigration attorney, as his options for obtaining a green card (or lack of options) can only be explained after a full review of his immigration history by a competent and experienced immigration attorney.
Hello - please call me at (212) 968-8600. Kind regards, RDM
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