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Immigration Issues/Marriage to a permanent resident

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Question
I have read your postings on adjustment of status by means of marriage to an US citizen. I would like to ask you what is the procedure when an illegal alien marries a permanent resident? How long does it take usually in the state of New York for the illegal spouse to get any rights and if so, what are these rights?

Thank you,
Lisa

Answer
If they came in illegally and did not have any paperwork pending with Immigration before 4/30/01, there is no way to get them any status even if teh petitioner is a citizen. If they came in legally but overstayed, the permanent resident can file a petition for the spouse and upgrade it by becoming a citizen. Once they beocme a citisen they can get the spouse a work permit, social security number and green card. While the person is a permanet resident the spouse has no rights.

Regards,

Robert

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Robert Hollander<B> Esq.</B>

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