A foreigner is admitted to the US with a student visa legally, and overstays their visa...when they applied for it, they had no plans to go back when their studies were completed, and married a citizen.
2007-04-08 20:30:54 · 14 answers · asked by Psi Chi member 3 in Politics & Government ➔ Immigration
I was not clear, but the person overstayed their visa, and married after about a year after the visa had expired( I believe).
2007-04-08 20:35:46 · update #1
But they came legally? Isn't that what counts, as some say?
2007-04-08 20:40:51 · update #2
If what you state is the case, then this person was NEVER legal. Allow me to explain. This person committed fraud on their application, if they never planned to return. a student visa is explicit in that the timeframe for that person's legal presence in our borders is limited and the applicant must AGREE to those terms.
secondarily, there can be no legal adjustment in status once the visa has expired
thirdly, marriage to an American is not a stay al long as you like type of deal that so many believe it to be. A person CAN, indeed, still be deported even if they have married a citizen (citizenship is not autimatically given, again as often believed, but IR1 status is granted after an application has been submitted and APPROVED)
The government has in its power to annul such a marriage, but that rarely happens
2007-04-08 23:38:09 · answer #1 · answered by athorgarak 4 · 3⤊ 1⤋
Ok, here's how the law works.
1. They made an illegal entry and did not come here legally. The student entered with the intent of not returning and therefore the entry was illegal, just not detected. I've spent the last 11 years working with immigration law so you can trust this as fact and not opinion.
2. They are deportable both for their illegal entry and for over staying the visa. It doesn't matter that he or she married a U.S. citizen or not, the person is still deportable. If and when he/she is arrested he/she can ask the judge for a stay of deportation but that is a slim chance at best. Sometimes the defendant might draw a more liberal judge but to the letter of the law, the person should be removed.
3. If removed, the person cannot apply for entry for at least 5 years if he or she has not violated any other criminal law other than illegal entry into the United States. This prohibition can extend to 10 years, 20 years or life dependent upon their criminal history.
2007-04-09 07:59:59 · answer #2 · answered by deus ex machina 3 · 2⤊ 0⤋
When a person overstays her student visa and later marries a citizen, he/she has to apply for legal resident status. It's up to INS to study his/her case before granting her a change of status. Marrying a citizen is no guarantee of legality. The legality is when the illegal alien (that would be his/her status when his/her student visa expires) is granted valid change of status.
2007-04-09 03:44:15 · answer #3 · answered by United_Peace 5 · 2⤊ 0⤋
The student started out legal but because the student did not renew the visa the student is now illegal. Now it is up to the spouse to help the student become legal.
2007-04-09 06:10:55 · answer #4 · answered by lady01love 4 · 2⤊ 1⤋
they may have came legally, but they stayed illegally, and it was premeditated if they knew they weren't going back!!! still a lawbreaker!!!!
2007-04-09 11:01:17 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Yes, it's illegal immigration too!
2007-04-09 03:35:21 · answer #6 · answered by Anonymous · 2⤊ 1⤋
his immigration is still illegal and probably he will be deported but you say that he married with a citizen;then it changes,now he is a citizen of usa too
2007-04-09 03:42:45 · answer #7 · answered by Hurricane 5 · 1⤊ 3⤋
yes
2007-04-09 03:40:19 · answer #8 · answered by skcs11 7 · 1⤊ 1⤋
yup totally legal but wrong but still legal
2007-04-09 03:34:58 · answer #9 · answered by Anonymous · 1⤊ 2⤋
It isn't illegal. As long as they married a legal citizen they are legal.
2007-04-09 03:33:35 · answer #10 · answered by Michelle M 2 · 1⤊ 6⤋