Can I marry a non-citizen?

Question: My fiancé cake thru the border illegally. He has a case. He pleaded asylum from his country of India. We met and fell in love and we want to marry. Can we get married? Will it affect his case?

Answer: It appears based on your description that your fiancé entered the United States without inspection and he is in immigration court for his asylum application.

If this is correct, you can marry him, then file I-130 visa petition.  Upon approval of the I-130, file I-212(permission to apply for early admission after deportation);  if I-212 is approved, then file I-601A waiver application and proceed with national visa center process. If I-601A is approved, he will be requested to go back to his home country for immigrant visa interview.

If during this time the immigration judge grants his asylum application, you can stop the marriage immigration and apply for green card one year after the grant from immigration court.

if he passes the interview, he receives immigrant visa and he can finally join you in the U.S. as a permanent resident.

Sounds complicated?  It is.

You will do yourself and your finance a big favor to hire an experienced immigration lawyer to represent you in the long and complicated process.

What's the quickest way to get green card for my parents and brother who is over 21, unmarried?

Question Detail: I am a US citizen. They live in Taiwan. Should I apply I-130 for my parents first and have my parents apply for my brother? How long will it take for my parents and brother to obtain green card? Understanding parents are usually fast, but I am especially worried about my brother's scenario. Thank you!

Answer: Your parents could immigrant to the US in less than a year;  you can petition for your brother but it will take more than 10 years;  your parents, once they receive LPR status, can also petition for your brother and that process may take 6-7 years(your brother cannot marry before he immigrants).


Is there any way I am able to marry her if she is married in another country?

Question Detail: My girlfriend came to the US with a tourist visa but she got married in the Philippines before we met. Her and her husband is not together anymore. Her husband is in Dubai at the moment. I am a US citizen and I want to marry her. What does she/we need to do without her having to go back home?

Answer: She can file for divorce in the county/state where she is living in the United States.  After the divorce becomes effective, you marry her and file immigration papers.

Can we speed up our wedding and file all over again after my I751 was denied?

Question Detail: In 2010, I married a citizen and filed for my green card. I obtained my green card in 2012 and divorced my husband in 2014. In 2016, my I751 was denied. I have been in a very exclusive relationship over a year and had plans on marrying. I am a teacher and would want to keep my job and status. 

Answer: If the USCIS did not deny your i-751, petition to remove condition, on the ground of marriage fraud, your second husband can file petition for you.  On the other hand, if it was denied on marriage fraud, your second husband may encounter problem in his I-130 visa petition for you due to a special immigration law that bars immigrant visa for anyone who engaged in marriage fraud.

You better retain immigration counsel to assist you.