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Overstayed in US if i marry will i be denied citizenship

Hyattsville, MD |

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

Thank you so much for your response at the time my passport got stamped at the airport i flew in, my last trip i decided to cross the border i went through customs and was inspected and was allowed to enter the US but did not get stamped..... I have no criminal history here in the US nor in canada. I am working and have filed taxes with a tax id i want to do everything correct we are just worried if this will affect us from applying

Attorney Answers 5


  1. 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.

    An attorney-client relationship is not formed by my responses to questions on Avvo. My responses are not intended to be legal advice and must not be relied upon as legal advice.


  2. Your overstay won't present any problems but your prior unlawful entry may. You definitely need to work with an immigration attorney. My firm handles these types of cases.
    Regards,
    Nick Misiti
    Misiti Global
    212 537 4407

    Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.


  3. If you received an I-94 and got a date your stay expired, and you overstayed by over 180 days, you are barred for 3 years from admission to the U.S.


  4. 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!


  5. 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.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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