When a U.S. citizen marries a foreign national, he/she must apply to sponsor for the foreign national relative, using form I-130.  This is called family based petition.  When the foreign national is here in the U.S., the US citizen should also file form I-485 to apply for their relative to adjust his/her status and become a permanent resident.  These are 2 separate applications and form I-130 has nothing to do with whether the person is a documented (legal) or undocumented (illegal) foreign national.  The Petition for an Alien Relative, Form I-130, simply states that the couple has a “bona fide” (good faith) marriage.  The application for adjustment of status, I-485, is an application for the foreign national to become a permanent resident.  In this case, when the United States citizen applies for the I-130, it is usually approved if the person can show that they meet the basic requirements for a good-faith marriage.  However, the undocumented or an alien that overstays his/her status for 180 days or more will not be able to adjust his/her status simply because he/she married a U.S. citizen.  In some instances, the foreign national can apply for “cancellation of removal” if certain requirements are met.

 

Contact the Immigration Lawyers at Smith & Garg today to find out how to change your status!