Canton, MI asked in Immigration Law for Indiana

Q: A citizenship question. My husband of 10 years is from another country and is here illegally. We have a 5 yr. old.

At the time of our marriage it was unknown to me that he was not a citzen. He "obtained" a social security card before we met. He has a state i.d. but no license. 1. Is our marriage legal? 2. If he goes to try and clean this up and make his citizenship fully legal, what are the likely ramifications of the illegally acquired ss# and the fact that he is not a legal citizen?

Related Topics:
2 Lawyer Answers
Stephen Arnold Black
Stephen Arnold Black
Answered
  • Immigration Law Lawyer
  • Orlando, FL

A: First off, it can be fixed depending on the circumstances. Did he enter the country legally? By legally, I mean with a foreign passport and a visa issued by a US consulate overseas. If that's a yes, then his overstay can be cured by filing a spousal petition to acquire a green card provided you are a US citizen. Are you a US citizen? If yes, then barring any other grounds of inadmissibility, I see a pathway for him to obtain lawful perm residence. Discuss with counsel about the unique facts of your case. Counsel located anywhere in the USA can assist you.

1 user found this answer helpful

John Mario Acosta Jr.
John Mario Acosta Jr.
Answered
  • Immigration Law Lawyer
  • Valparaiso, IN
  • Licensed in Indiana

A: Based on the information provided in your question yes your marriage is legal and he can try and file a petition for a spousal visa but there could be consequences for him being her out of status and for utilizing someone elses SSN.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.