First of all, one needs to know what exactly is meant by the term ‘coming unlawfully to the US’.
This means having come to the US without proper documents (if anyone came to the US by crossing the border unlawfully).
Well, let us see the various aspects of this question to know the exact answer.
Getting a US Green Card--
• Apply for asylum--An option that can be explored by any undocumented immigrant wanting to get a US Green Card is making an application for asylum. However, it might not be a simple procedure. That’s because asylum is offered only for certain nations.
Also, one needs to prove that he or she expected a religious/political persecution in one’s native nation.
• Getting a US Green Card by marrying a US citizen—This is one of the simplest ways of getting a US Green Card for any undocumented immigrant living in the US(who had sneaked in the US unlawfully).
In such a scenario, your spouse, who must be a US citizen, can make an application for a Form I—130 with the US immigration department—USCIS (US Citizenship and Immigration Services).
The petition after approval will be sent to the US visa consulate in or near your native nation where you must go for the purpose of further processing.
So, what we mean to say here is that the US immigration laws require that an undocumented immigrant needs to go to his or her native nation, as per the paperwork requirements, for applying at the US Consulate or the US Embassy in the native nation even after marrying a US citizen. And there is no option to keep staying within the US and gain a US Green Card for anyone who came to the US unlawfully.
Obstacles to getting a US Green Card by marrying a US citizen—Some difficulties may arise in this case too. One such difficulty might be after one arrives at the US visa consulate.
That’s because coming and staying in the US as an undocumented immigrant for more than six months duration and then leaving the US may invite a bar of three years/ten years on re-entry to the US.
If one is barred from making a reentry to the US, then one must make a request for a waiver of such a reentry bar by—
• Submission of a provisional waiver application to the US immigration agency—USCIS on a requisite Form I-160;
• Applicants not eligible for a provisional waiver application need to file Form I-160.
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