At Antonini & Cohen, our family immigration lawyers frequently get asked: “Is it illegal to marry an undocumented foreign national?” The simple answer is no. There are no laws prohibiting U.S. citizens or lawful permanent residents from marrying a foreign national, regardless of their immigration status. As long as you are of legal age and any prior marriages have been legally terminated, you are free to marry your partner.
However, it’s important to note that marriage to an undocumented foreign national does not automatically provide a path to legal status or a Green Card. It’s essential to consult with one of Antonini & Cohen’s qualified family immigration lawyers after marriage to understand the best course of action for your spouse’s immigration status. Please contact us to schedule a consultation and discuss your immigration options as a married couple.
Green Card Options and Eligibility
Once married, the next step is determining the most appropriate way to secure a Green Card for your spouse. There are two primary paths for obtaining a Green Card: adjustment of status or consular processing.
Adjustment of Status: This process allows your spouse to apply for a Green Card while remaining in the U.S.
Consular Processing: If your spouse is outside the U.S., consular processing allows them to apply for an immigrant visa through a U.S. consulate or embassy in their home country. The foreign national spouse becomes a lawful permanent resident (Green Card) upon admission to the U.S. with the immigrant visa.
Both options have different rules, eligibility criteria, and advantages. Fortunately, with the help of a qualified Antonini & Cohen family immigration attorney, we can assess your specific situation, decide which option is best for you and your spouse, and guide you through the entire process.
Additionally, your attorney will screen for any potential issues, such as ineligibility or the need for waivers, and ensure that you do not file any forms or leave the U.S. without confirming eligibility. It’s crucial to work with an experienced family immigration lawyer to avoid complications during the application process.
If you need help filing for your spouse, Antonini & Cohen is here to assist you. We understand the complexities of immigration law and are ready to help you secure your spouse’s Green Card. Call us today at (470) 428-3200 or via our contact form to schedule a consultation.