Path to U.S. Citizenship for an Undocumented Spouse

Marriage to a U.S. Citizen Does Not Grant Automatic Citizenship

An undocumented immigrant married to a U.S. citizen must pursue adjustment of status to become a lawful permanent resident (green card holder) and later naturalize. Key steps:

1. File Form I‑130 (Petition for Alien Relative) by the U.S. citizen spouse.
2. If the immigrant entered legally, file Form I‑485 (Adjustment of Status) concurrently; if entry was without inspection, a waiver (I‑601A) and consular processing abroad may be required.
3. Attend biometrics and interview.
4. Upon approval, receive conditional (2‑year) or permanent green card.
5. After 3 years as a permanent resident (married to citizen), apply for naturalization (Form N‑400).

Legal counsel is strongly advised due to complexity and potential bars (unlawful presence, fraud, etc.).