People often think that getting a non immigrant visa to visit or study in the US will be easy. This is not necessarily true! The government understands that many people try to use a non immigrant visa as a backdoor into the country, so they put measures in place to help stop illegal immigration through the 214 b visa.
The short answer? Yes. There is no law to prevent an illegal or undocumented immigrant from marrying a US citizen. Most of the laws around marriage in the United States have to do with age ( legal consent ranges from 15-17 in most states with parental consent, and is 18-21 without it), and relationship status ( 1st cousins are Ok, in many states, but no siblings including half siblings).
Face it. Some things cannot be waived. Listed below are the 4 worst immigration problems that my clients face. Over the 2 decades that I have practiced immigration law, these are the issues that have created the most difficult obstacles to immigration and getting a green card.
Great news! In the name of Family Unity, The Department of Homeland Security (DHS) has just published in the Federal Register a final rule that will expand eligibility for provisional unlawful presence waivers to all individuals who are statutorily eligible for the unlawful presence waiver and who can establish extreme hardship to a U.S. citizen, or lawful permanent resident (LPR) spouse or parent.
“Being deported” is the most frightening thing for any immigrant. I have frequently met with old clients who tell me of bad dreams they still have about being deported, long after they have become United States citizens.