Can a felon marry an illegal immigrant?

Asked by: Marty Johnson  |  Last update: June 10, 2025
Score: 4.5/5 (61 votes)

Marrying an Undocumented Immigrant with a Criminal History A variety of criminal offenses can be grounds for inadmissibility. Any person with past arrests or immigration violations should speak to an immigration attorney before submitting any USCIS form.

How long does it take for an illegal immigrant to become a citizen after marriage?

Under a June 2024 Executive Order, spouses and children of U.S. citizens who have been living in the United States for at least 10 years and who meet the other basic green card criteria will be able to apply for lawful permanent residence without leaving the country.

Can you legally marry someone who is not a U.S. citizen?

The answer is yes, but there is a process to follow if you plan on living together in the United States. Your (future) spouse will need their own green card to come and live with you, and depending on circumstances, the application process will be slightly different.

Will I lose my security clearance if I marry an illegal immigrant?

Marrying a non-citizen, even if they have overstayed their visa, can potentially affect your security clearance, but it doesn't automatically disqualify you.

Can a felon get a fiancé visa?

If you want to bring your fiancé(e) into the U.S. on a K-1 visa to get married and possibly apply for a green card, and your fiancé has a criminal record, that fact is likely to trigger inadmissibility.

Can An Undocumented Person Marry A Citizen And Obtain A Green Card?

29 related questions found

What causes a fiancé visa to be denied?

Red flags: Even though the relationship may be totally legitimate, a consular officer might deny the visa if he or she sees red flags that might suggest possible marriage fraud. These may include you and your fiancé being divided by a language barrier or a significant age gap.

How do I prove my relationship is real for a fiancé visa?

You should submit proof of a valid fiancé/fiancée relationship with the petitioner. It is often helpful to bring documents such as letters, photographs, or other evidence of your engagement. If you are applying for a K3 visa, please bring your original marriage certificate or a copy certified by the issuing authority.

What happens if I marry an undocumented immigrant?

Marriage to an Immigrant with an Unlawful Entry

If you are marrying an undocumented immigrant who entered without inspection, an unlawful presence waiver may be available. Likewise, spouses of permanent residents who have accrued time in an unlawful presence will face hurdles if trying to adjust status.

What will disqualify you from a security clearance?

What can disqualify you?
  • You are not a U.S. citizen.
  • You were dishonorably discharged from the military.
  • You are currently involved in illegal drug use.
  • You have been judged as mentally incompetent or mentally incapacitated by a mental health professional.
  • You have had a clearance revoked for security reasons.

How do I protect myself from marrying an immigrant?

Despite the challenges, a prenup is often a good choice when marrying a foreign spouse. A prenup is not only essential for clarity and protection but also for planning the couple's financial future together.

What is the 90 day marriage rule?

Under the 90-day marriage rule, if a foreign national enters the U.S. and marries a U.S. citizen or permanent resident within the first 90 days of being in the country, USCIS will presume the marriage to be a fraud and will deny a Green Card, claiming the applicant misrepresented his or her intentions in coming to the ...

Can my husband fix my papers if he has a felony?

Yes, as long as it wasn't a crime involving a minor, it should not be an issue. You should, however, speak with and retain an immigration attorney before moving forward.

Can a deported person come back legally by marrying a citizen?

Can a deported person come back legally by marrying a citizen? Often yes (unless prior marriage fraud) after an immigrant petition approved and waiver(s) granted.

How can an undocumented immigrant become legal?

7 Paths to Legal Status for Undocumented Immigrants
  1. Green Card for Immediate Relatives After Visa Overstay.
  2. Provisional Unlawful Presence Waiver: A Path to Legal Status.
  3. Adjustment of Status under Section 245(i) of the LIFE Act.
  4. Military Parole in Place for Family Members of U.S. Service Members.

What is the new law for immigration in 2024?

January 2024. This final rule adjusts certain immigration and naturalization benefit request fees charged by USCIS. This rule also provides additional fee exemptions for certain humanitarian categories and makes changes to certain other immigration benefit request requirements.

What are the dangers of marrying a foreigner in the US?

The potential dangers of marrying a foreigner include navigating cultural differences, legal hurdles, and immigration complexities. These issues can create obstacles for those entering into an international marriage, often requiring careful consideration and planning.

Can you pass a security clearance with a felony?

A history of a criminal record is not automatically a disqualifier for a person applying for a security clearance unless the crime involved alcohol, drugs, firearms, explosives, or sexual conduct, according to Washington, D.C., law firm S.L. England.

What disqualifies you from a federal background check?

INTERIM DISQUALIFYING CRIMINAL OFFENSES

Extortion. Dishonesty, fraud, or misrepresentation, including identity fraud and money laundering, where the money laundering is related to a crime listed in Parts A or B (except welfare fraud and passing bad checks). Bribery. Smuggling.

How far back do security clearance background checks go?

The following states don't allow criminal background checks to go back further than seven years: Colorado. California. Massachusetts.

How much does it cost to become a U.S. citizen through marriage?

Submit $760 if filing by paper, or $710 if filing online.

Can an immigrant stay in the US after getting married?

If you have been married to the U.S. citizen petitioner for less than two years at the time your Form I-485 is approved, USCIS will grant you lawful permanent resident status for two years on a conditional basis under INA 216.

What to do if your spouse is deported?

If your spouse was deported because of the commission of a serious crime or a felony or terrorist activity, there is probably little you can do to help; at least, not without waiting until many years have gone by. Consult an immigration attorney.

What is strong evidence for a fiancé visa?

Personal Statements and Affidavits

A personal statement is key evidence for proving your relationship, detailing how you met, milestones, and future plans. Affidavits from friends and family can also strengthen your case, providing specific examples and notarized signatures for credibility.

What is a valid proof of relationship?

Proof of relationship can include joint financial documents (bank statements, joint leases, etc.), photographs of the couple together, affidavits from friends and family attesting to the authenticity of the relationship, joint utility bills, joint insurance policies, travel itineraries, and any other relevant ...

How much evidence do you need for partner visa?

Depending upon which type of partner visa you apply for, you will need either at least 6 or 12 months evidence. For provisional partner visas (Subclass 820 onshore visa or 309 offshore visa), and adding a partner to a Student Visa, you will require 12 months evidence (unless special circumstances apply).