Immigrant related Frequently Asked Questions
I
am in removal proceedings. I just got married to a US citizen.
Can I get a green card here without leaving the United States?
I heard there are bars that prohibit me from getting the green
card here?
Adjustment of
status to that of a permanent resident is discretionary. Nonimmigrant
aliens who enter into bona fide marriages with US citizens
are usually granted an immediately available visa, and thereby
find adjustment a viable procedure. An alien, however, may
not adjust status to that of a permanent resident on the basis
of a marriage entered into during removal proceedings without
proving that the marriage is a bona fide marriage, or after
the alien has resided outside the US for two years after the
marriage.
Therefore, the alien can still adjust if they establish by
clear and convincing evidence that the marriage was entered
into in good faith and in accordance with the laws of the
place where the marriage took place and that the marriage
was not entered into for the purposes of getting around immigration
laws. The alien must also be shown to have not paid any fee
to the spouse or children for the filing of the petition,
other than the fee to an attorney for the preparation of the
petition.
If the alien cannot prove that the marriage was a bona fide
marriage as explained above, the petition may not be approved
to grant an alien immediate relative status by reason of a
marriage to a US citizen while the alien is in removal proceedings,
unless the alien has resided outside the US for two years
beginning after the date of the marriage.
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