I entered the US about a year now llegally and went back home in Dec 2011 for a couple days and returned with no problem however my B-2 visa was stamped on my passport dated for Jan 30-12..... my question is since i left back to canada in dec and reentered is this now consider an overstay since its now passed what is stamped on my passport, i was not re stamped coming back in dec as i went through land not plane. If i marry to my US boyfriend will i be denied citizenship will there be any complications considering i have overstayed and enter llegally
I am unclear if you were inspected and admitted lawfully both times. If you were, then there should be no problem in adjusting your status. However, if you crossed illegally at some point, you would face a charge of inadmissibility and would likely require a waiver. I suggest you have an in-depth dicussion with an experienced immigration attorney before filing anything with USCIS. Good luck!
If you entered and were inspected and there are no fraud and other inadmissibility issues, you would be eligible to adjust based on marriage to a USC. However, the fact that you entered illegally and stayed a year and then left would trigger the 10 year bar and would be a problem for you if it came to light.
Yes, you will be denied citizenship if you apply solely based on the marriage, as you must first be a legal permanent resident for a number of years before applying for citizenship.
Your spouse can petition you for legal permanent residency, and you can apply for adjustment of status if you can prove a legal entry to the US, and that your spouse is a US citizen.
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