Well, this seems to be one question the answer of which is allegedly sought by many, for obvious purposes. But before we proceed ahead, let’s find-out what precisely the meaning of the expression ‘arriving unlawfully on the US soils is’? It denotes landing in the country, minus the right papers.

Now let us discover the different facets of this question to learn the accurate answer.

Getting US Permanent Residency

• File a petition for asylum: A good option which may be made use of by any illegal migrant keen to gain permanent residency status through the US Green Card is submitting a submission for asylum. But, it could not be a straightforward course of action with the reason being asylum is provided just for certain specific countries. Also, one requires establishing that he expects either religious or political harassment back home, in his home country.
• Pocketing US Green Card via tying the knot with an American citizen: It’s a highly trouble-free manner of gaining permanent residency for any illegal migrant residing in the nation. In such a condition, the aspirant’s partner–who should have the citizenship of the US–may file a submission for a Form I—130 with the concerned US immigration organization. Post approval, the application will be sent across the US visa consulate in or near the candidate’s native country wherein he ought to go for additional processing.

To put it differently, the US immigration regulations require that an unregistered alien go to his home country, according to the paperwork necessities, for filing a petition at the US Consular office or the consulate in his home nation even post tying the knot with an American citizen. No option exists to remain in the country and pocket permanent residency through the Green Card for those who may have landed in the US illegitimately.

Hurdles in gaining US Green Card through wedding route

Certain difficulties could crop-up in this case as well. Arriving & residing in the country as an unlawful guest for over six months time frame and then leaving the country could lead to a punitive action even as the aspirant could be debarred from gaining re-admission for anywhere between 3 and 10 years.

What to do in such situations!

In case an individual is disqualified from gaining re-admission into the country, he would do well to submit a request for a waiver via:

• Submission of a provisional waiver petition to the US immigration organization on the required Form, i.e., I-160;
• Candidates not entitled for such a waiver submission require filing Form I-160.