If you are not a United States Citizen, but if you are legally married to a U.S. Citizen, you and your spouse can file petitions with the Immigration and Naturalization Service requesting that you be granted conditional permanent residence based on marriage to a U.S. Citizen. If both of you are in the United States, file with the Immigration Office in your region. For Tennessee, the Immigration Office is located at 1341 Sycamore View Road, Memphis, Tennessee 38134. If the spouse resides outside the United States then he or she may apply at the U.S. Consulate near their place of residence. A spouse of a U.S. Citizen will be granted only conditional status for a two year period. Upon completion of two years, the conditional status will be removed and the immigrant will be granted full permanent residence. This two year requirement was placed into the laws in order to prevent fraudulent marriages. New rules allow the illegal immigrant to apply for permanent residence, based on marriage, in the United States if he or she can pay the large penalty fees which can run up to the hundreds of dollars or more. The paperwork required for permanent residence can be obtained from the Immigration Office and it can even be done over the phone by calling 1-800-375-5283 and requesting the documents. Do not expect immediate response to your call since the Immigration Office is overburdened with phone calls and applications.

Immediate relatives of United States Citizens are eligible for permanent residence without any numerical limitations. Unmarried children under 21 of the U.S. Citizens are considered immediate relatives; parents of the U.S. Citizens are considered immediate relatives as long as the U.S. Citizen is over the age of 21. The importance of being considered an immediate relative is that a VISA is immediately available and there is no numerical limitation.

Other groups of family members of citizens or permanent resident aliens can also qualify to immigrate into the United States but these family members are subject to numerical limitations. The first preference category are unmarried sons and daughters, 21 years of age or older, of U.S. Citizens; the second preference includes spouses and children of permanent residents and unmarried adult sons and daughters of permanent residents; the third family preference is for married sons and daughters of U.S. Citizens; the fourth family sponsored preference includes brothers and sisters of U.S. Citizens provided the U.S. Citizen is at least 21 years old. As stated earlier these groups are subject to numerical limitations and the waiting period can take many years. Contact the Immigration Office or the U.S. State Department for your potential waiting period.

If you do not meet the requirements of "immediate relative of a U.S. Citizen or permanent resident" then you can try to get permanent residency by an employer through labor certification. Such certification will only be granted when you submit an application proving that United States Citizens and permanent residents are not available to perform the job for which you applied. You also must have been offered the job in order to apply for the labor certification.

If you wish to enter the United States temporarily then you can apply for various non immigrant VISAS such as a B-1 Business or B-2 Tourist VISA, a E-1 Treaty Trader VISA, F-1 Student VISA, an Exchange Visitor J-1 VISA, a Transferred Employee L-1 VISA; or the Temporary Worker H VISA categories. For other groups of temporary non-immigrant VISAS, contact the Immigration Office in Memphis. The main requirement of these non-immigrant categories is that you intend to stay in the U.S. temporarily. If after receiving the non-immigrant VISA you later change your mind and want to stay in the U.S. permanently and have grounds in which to stay permanently, like a subsequent marriage to a U.S. citizen, then you may apply to adjust your status to a permanent resident.

If you are in the United States illegally and have no legal grounds in which to be here, then a lottery is available. There are specific application requirements to this lottery and these forms can also be requested from the Immigration Office in Memphis.

Remember, if you are in the United States illegally, you are subject to deportation, for example, if you entered the United States without a VISA, or if you overstayed your period of lawful admission. You may be deported, you may also be deported if you are convicted of certain crimes involving felonies or crimes involving moral turpitude. You may even be subject to deportation even after you have obtained permanent residency status because of the commission of crimes or having obtained such status by the commission of fraud or perjury.

If you are arrested by the Immigration and Naturalization Service, you can be released if you post an immigration bond in cash or with a surety bond company. Sometime later you will have a formal deportation hearing. At the hearing you can defend yourself to apply for relief from deportation if you can show you qualify under the law, or admit deportability and request a voluntary departure date.

Relief from deportation may be by suspension of deportation if you can show that you have lived openly in the United States for more than seven (7) years, can show extreme hardship, and strong humanitarian factors. Voluntary departure, if granted by the Immigration Judge, will enable you to leave the United States without any prejudice to a future application for lawful admission. At the Deportation Hearing you may request relief from deportation based upon the fact that you are married to a United States Citizen.

At the Deportation Hearing, you may have an attorney represent you, at your own expense. The Immigration Service does not provide you with an attorney even if you are unable to afford one, but will give you a referral list of legal-aid.

If you are apprehended by an officer of the Immigration Service, after identifying yourself, you have the right to remain silent and to telephone an attorney before you answer any questions. Your answer to any questions may be used to support charges against you in a subsequent exclusion or deportation proceeding.

The Immigration and Naturalization Act is one of the most complicated of Federal Statutes, and has been interpreted by thousands of Court and administrative decisions. You would be wise to consult an immigration attorney to advise you before attempting to immigrate into the United States. You should consult with an attorney and discuss with him/her any charges brought against you and you certainly should have an attorney if the United States Government has initiated deportation or exclusion proceedings against you.

If you need further information or applications, contact the Immigration Office in Memphis. If you need the paperwork to apply for U.S. Citizenship, then you can pick up the forms at any U.S. District Court Clerk's Office.

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The information available through TBALink LawBytes is basic legal information and is not a substitute for legal advice. LawBytes is provided by the Tennessee Bar Association as a public service and for general information only. It should not be considered legal advice. You should consult your attorney if you have questions concerning any specific situation. If you do not have an attorney, may we suggest that you contact your local bar association's referral service. The topics covered through TBALink LawBytes will provide basic information and should make it easier for someone with a problem to decide whether they need professional help from a lawyer or if another agency could provide them with assistance.