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this post was submitted on 17 Nov 2024
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Doesn't that mean she is at least a legal resident, if not a US citizen? Either way, if she's married to a US citizen then she isn't undocumented.
Untrue. It depends on how long you were out of status and what sort of status you had in the first place. If you never had a visa in the first place you really are shit out of luck and can only apply for a green card after you self deport (which may get you a 10 year ban on reentry after you so it or if you've entered the country illegally more than once you get a lifetime ban with no possibility of appeal even if you're married to an American citizen and have American citizen children with them).
https://www.boundless.com/faqs/overstayed-visa-marriage-consequences/
https://www.uscis.gov/sites/default/files/document/guides/A2en.pdf
You're splitting hairs. If she's legally married to an American citizen (and isn't an agent of a foreign government, and hasn't been convicted of treason, etc), AND she goes through the legal process of gaining citizenship, then she's a legal citizen.
Yes, there are technicalities and requirements. But gaining US citizenship through marriage is a very easy process compared to the other routes.
You consider a 10 year ban for getting a green card after you get married to be an easy process? Do you believe that most would decide to split their family up for 10 years vs remaining undocumented? You can't become a citizen until you get a green card and I've layed out for you just the hard getting a green card is for someone undocumented. You can't just get married and become a citizen. Even DACA recipients, who were brought here without their particular consent: if they get married to a citizen over 6 months after they turn 18 they're going to be banned from re-entry for 3-10 years after they leave. And everyone who's in the country who wasnt inspected on arrival(meaning they had a visa) cannot receive a green card without leaving first. Marriage is no panacea for the undocumented. For most of them, it's quite useless.
I'm not sure what 10 year ban you're talking about, but I personally know someone who married a foreign citizen, and she got US citizenship very quickly.
Can you give me more details about this 10 year ban? If almost sounds like you're talking about people being ineligible for citizenship because they're undocumented citizens.
Yes, that's what I'm taking about. If you marry someone who is undocumented in the United States they're ineligible. They must self deport and depending on how many months they were undocumented they get a 3 or 10 year ban. You said if they got married they would not be undocumented but that's far from the case.
OK, that clears it up. I didn't realize this was controversial though, seems like there is bipartisan support to deny citizenship over things like felony convictions.