Washington, DC asked in Immigration Law for Virginia

Q: is it illegal for an immigrant to marry their sibling to get their visa easier?

my step parent married their sibling because it made it quicker for them to both get a visa then they divorced after entering the US. Now they are married to US Citizens and have expired visas. is that illegal? and if so how?

Related Topics:
1 Lawyer Answer
Kevin L Dixler
Kevin L Dixler
Answered
  • Immigration Law Lawyer
  • Chicago, IL

A: The issue is whether someone who marries did so because they were in love. The facts presented suggest that this was a marriage solely for a non immigrant visa, not for immigration purposes. This can be considered visa fraud, perhaps, a Federal crime, but more information is needed.

Yet, the marriage to a U. S. citizen, alone, is not enough to make them lawful. They must seek lawful permanent resident status, which is a separate and complicated process. Only after year of continuous physical presence as permanent residents can they apply for Citizenship by naturalization. The dubious marriage can complicate matters.

This is their challenges, not your’s. They seem ignorant in that they have a long way to go and can be deemed disqualified unless a waiver of the disqualification is granted. As a result, it may be upsetting for you to view their contentment, but they remain unlawful until further steps are pursued.

They may or may not take action, which can complicate their lives in the future as a result.

The above is general information, not legal advice, and does not create an attorney client relationship.

1 user found this answer helpful

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.