In states where partners of the same sex marry, if one of the partners is an illegal immigrant and the other an American citizen, is the immigrant partner granted American citizenship?
No. Same-sex marriage is not recognized by U.S. federal immigration law.
Illegal immigrant will not be granted citizenship, nor he can apply for a green card based on a same-sex marriage.
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.