If an illegal (undocumented ) marriages a u.s citizen in the army, is there any hope of naturalization?

Question

or if an undocumented immigrant marriage a u.s citizen who is not in the army, is it possible for them to file for her citizenship? is there hope for such person?if yes, is there any good immigration lawyer that can handle their case?

Answer 1

yes it is possible for her to get her green card. Her husband has just to file the petition in the US. Unless she did not received any deportation letter you don't need any lawyer. Good luck!

Answer 2

If this Military person knowingly marries someone here in violation of Federal Immigration laws their career might end fairly quickly.

Answer 3

It really depends on the illegal nature of the alien.

In other words, while illegal is illegal, the law recognizes that someone who entered the US legally on a valid visa, but overstayed or otherwise broke the terms of their visa, is different case than someone who entered the US illegally in the first place, for example by walking across the border unchecked.

In the first case, getting married to a US citizen usually makes their overstay forgivable but the application to adjust status will be subject to a higher level of scrutiny than normal. During the interview with an immigration officer, you will have to show tangible proof that you did not enter the US with intent to marry on a non-immigrant visa. The burden is on you to show such proof.

In the other case, the illegal alien will almost necessarily have to go back to her home country; then the US citizen may file paperwork on her behalf in order for her to return legally, but that will probably require filing a waiver of inadmissibility and the foreigner will have to remain outside of the US during that time.

Also keep in mind that marriage to a US citizen never, ever allows an alien to apply for naturalization to become a US citizen, even if everything happens 100% within the law.

Marrying a US citizen enables you to apply for a green card on grounds of family-based immigration.

To be able to apply for US citizenship, you must have had a green card and maintained permanent residence in the USA for a number of years (3 years if married to a US citizen, 5 if not married to a US citizen).

Also note that whether the US citizen is a member of the armed forces or not makes no difference whatsoever.

So back to that person you're speaking of, she might be able to apply for a green card to get her paperwork in order but that is in no way an easy matter.

Definitely consult with an immigration attorney; you can look one up using http://www.aila.org/ and find one that specializes in waivers in your area.

I don't have the full details of your case but in theory the answer is yes, there is hope in a lot of cases.