What are the appropriate steps for a non-citizen to take to become a citizen of the US?

Question

My boyfriend is a citizen of Mexico. I would like to inquire about the steps to take to become a US citizen, how long it takes, what it costs, and what the chances are of him being approved? I'm a little wary of dating someone who could be deported at any time! Is there anything that I can do to help?

Answer 1

Yes.  Contact the USCIS via phone and ask them about your situation.

http://www.uscis.gov/portal/site/uscis

They'll be happy you're doing it legally!

Answer 2

There are strict requirements to being able to apply for US citizenship and by the sound of it I don't believe your boyfriend is eligible at all at this time.

In particular, one must have been a legal permanent resident of the US (a.k.a. a green card holder) for 5 years in order to apply for US citizenship. The 5-year requirement is reduced to 3 years when you are married to a US citizen. But regardless, your boyfriend needs to have a green card, and from what you're saying it doesn't sound like he has one.

Read this document for more information on becoming a US citizenship: http://www.uscis.gov/files/article/M-476...

If your boyfriend is currently in the US illegally then his only way of possibly getting a green card is by marrying you (provided YOU are a US citizen -- otherwise this is basically hopeless).

Regardless of his current status, did you boyfriend enter the US legally (with a valid visa and through an official port of entry where he was inspected), or illegally (no visa or inspection, e.g. by swimming across the Rio Grande and not getting caught)?

If he entered legally but his visa ran out, then he's an overstay. If you marry him, he MAY be able to apply for a green card.

If he entered illegally, then you can marry him but he will most likely have to return to Mexico and apply for a visa from there after the US government approves a petition filed by you to allow him to come. He will also have to apply for a waiver of inadmissibility (form I-601) because, due to his current illegal presence in the US, he would normally be barred from coming back to the US.

As for the costs, let's see...

If you marry him, the form to apply for a green card is $1010. Another form you will need (I-130) is required because he's already in the US, which costs $355. If the aforementioned I-601 waiver is needed, that will be an extra $545. And since the waiver is a matter better left to a specialized lawyer, that'll be several thousands of dollars on top of the immigration fees. If he has to go home to apply for his immigrant visa, he will most likely have to get a full medical exam, so add the fees for that (although that should be affordable), and the consulate fee to apply for the visa (usually around $100). None of that is refundable of course.

The form to apply for US citizenship is currently $675 by the way but based on what you're saying I think your boyfriend is far from being able to apply.

Answer 3

Be careful, though. I think there is a certain amount of time he has to stay here for them to approve your claim.