Love marriage to a citizen doesn’t always result in a green card — Part 1
Everyone knows that a good faith (love) marriage to a
1. Aliens who: (a) entered the
Section 245(i) was a law that originally expired on
Under Original Version of 245(i):
1. The person had a “properly filed” and “approvable when filed” family petition or labor certification filed on his/her behalf on or before
Under Second Version of 245(i):
1. The person had a “properly filed” and “approvable when filed” family petition or labor certification filed on his/her behalf between
2. The person was “physically present” in the
(Note: There was no requirement that an alien be “physically present” in the
If the person secured 245(i) eligibility (by having a petition filed on or before the above deadlines), they are able to “transfer” that 245(i) eligibility onto a newly filed petition by their US citizen spouse, even though that new petition is filed long after the expiration date of Section 245(i). So, the only way that crewmen or people who entered without inspection can adjust status in the
2. People who entered the
If a person enters the
3. People who were previously found to have entered into a “fixed marriage”.
The law provides that if a person has ever been determined to have entered into a fixed marriage (i.e. a marriage of convenience, for purposes of obtaining a green card), then that person is subject to a lifetime ban, and no future petition can be approved on his/her behalf. Thus, if a person had entered into a marriage of convenience, and the US Citizenship and Immigration Service (formerly INS) determined that it was a fixed marriage, then even if, years later, he/she finds true love with another
As you can see, not everyone who marries a citizen would be eligible to obtain a green card. That is why it is important that if you are seeking any kind of immigration benefit, you should consult with a reputable attorney, who can analyze your situation and determine your eligibility for the benefits sought. Sometimes, there may be a chance, but you don’t want to apply for something that you are not entitled to and “rock the boat”, resulting in your ultimately being deported/removed. In a future article, I will discuss other people who also would not be eligible for a green card, even if they marry and are petitioned by a
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