Do I Need a Lawyer to Marry an Illegal Alien?

Neither marriage nor immigration procedures require legal representation. Depending on several factors, including how comfortable you and your spouse are handling immigration issues yourself, consulting or retaining an experienced immigration attorney might be advisable.

Background

The term illegal alien can include individuals under different circumstances. Whereas overstaying your visa by a short period of time might not affect your case, adjustment of status for someone who entered illegally can be very challenging. Other factors include his date of entry, duration of stay and other crimes and immigration violations, if any.

Circumstances

If the deportation proceedings against your spouse have already started, it is advisable to obtain a lawyer. On the other hand, if she only recently ran out of status and there are no unusual or aggravating circumstances in your case, legal representation might not be necessary.

Objectives

You will not need a lawyer to simply get or remain married. If, however, your spouse entered illegally and you are trying to legalize him without first having to leave the country, you should probably talk to a lawyer. If you met your spouse very recently and otherwise have little to illustrate that your marriage is genuine but want to proceed with his adjustment of status immediately, you might also benefit from legal representation.

References

• U.S. Immigration Lawyers: Do I Need an Attorney to Marry an Illegal Immigrant?
• U.S. Citizenship and Immigration Services: Green Card for an Immediate Relative of a U.S. Citizen