An illegal immigrant that has entered the country without inspection and wants to marry a green card lottery winner has limited options. U.S. laws are designed to discourage illegal immigration, and so those staying longer than 6 months are severely penalized. There are several choices but couples are looking at a long waiting period in most cases while the illegal immigrant seeks legal status. The couple can marry and hope the illegal immigrant is not deported. The illegal immigrant can also leave the country and wait the appropriate time period according to the laws before applying for legal entry into the U.S and before getting married.
The Options
There are no laws that specifically prevent the marriage of a green card lottery winner and an illegal immigrant. The problem is that the illegal immigrant is subject to deportation upon discovery. Since you must obtain a civil marriage certificate in order to get married, discovery is a certainty though deportation is not.
If a person has been in illegal status for longer than 6 months, the illegal immigrant can leave the U.S., wait for the inadmissibility period to expire, and then apply for a visa. The inadmissibility period will be 3 or 10 years depending on whether the person has been illegal less than or more than 6 months.
If a person has been in illegal status for less than 6 months, he or she can leave the U.S. and apply for a visa through Consular Processing. There will not be an inadmissibility period, so the foreign fiancé or spouse may have a better chance of obtaining a visa.
Another possibility is for the two people to get married and hope that the illegal immigrant can get an Adjustment of Status at some point. Current law will make that very difficult though unless the person can request an Extreme Hardship waiver through U.S. Citizenship and Immigration Services. As mentioned, the illegal immigrant will be subject to deportation at any time once exposed through marriage.
Consult an Immigration Attorney
This is an oversimplified description of the options that people should consider when a green card lottery winner wants to marry an illegal immigrant. The immigration laws are very complex, and only an attorney specializing in immigration law fully understands the various options that are available. It is important to consult an immigration attorney in order to learn what legal path is best to take for your particular circumstances.
