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I am currently illegal (Out of status) .will there be problems when adjusting my status through marriage with a US citizen?

Cleveland, OH |

I came to the US on a tourist visit and currently i am out of status because my visa has expired for a couple of years now.I am now married to US citizen.Will there be a problem as i am here illegally when adjusting my status?

Attorney Answers 4


  1. They will forgive you for being an overstay and for working illegally ... as long as you didn't claim to be a US Citizen on any I-9 forms ... or anything else.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  2. The facts you gave do not include any problems for you to adjust status, but you should talk to an immigration attorney to review all the details of your situation AND to guide you in developing proof that you have a valid marriage. The Cleveland USCIS has become very aggressive (and sometimes unfair) in the level of proof it requires.

    You should always consult with an experienced immigration attorney to make certain that the advice you received is appropriate for your particular immigration case.


  3. As long as your entry into the US was lawful at the time, on your own passport, both the overstay and any unauthorized employment will be forgiven if you adjust status based on a bona fide marriage to a US citizen.

    This is general information only. It is not intended as a substitute for legal advice, and does not create an attorney-client relationship. For legal advice specific to your circumstances, you must consult an attorney in a confidential setting, not in an online forum.


  4. Based on the limited information provided you may adjust status in the US through marriage to a US citizen. A full review should be done with an immigration attorney

    Attorney Robert Brown's (former INS Director, 1972-99) reply to your question is general in nature, and does not constitute legal advice as all facts are known to him. For specific advice or representation you should retain an attorney experienced in immigration law. Mr. Brown's reply on AVVO does not create an attorney/client relationship not constitute legal advice.

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