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Overstayed J1 visa, marriage

Harrisburg, PA |

I overstayed my J1 visa (it expired sept. '06). I was an exchange student in a work and travel program. My employer was pleased with my work and when I told them I will stay here, they kept me to work for them, and I can tell you is a fast food restaurant and that I got to be a certified manager in as little as 4 months and currently I am an assistant manager. Anyway, I was gonna ask how hard would it be to obtain a green card after marriage in the given situation. (how long does it ussually takes, if you could give me a range of time). The 2-year rule does not apply. Thank you.

Attorney Answers 2


  1. Based on the facts you have presented, you are subject to deportation at this point due to the overstay. Further, if you leave the U.S. you are subject to a ten-year bar from reentering as you have accrued over one-year of unlawful presence. The primary avenue for obtaining permanent resident status for you is through marriage to a U.S. citizen. However, you cannot marry this person solely for an immigration purpose.

    Consult with an immigration attorney as soon as possible.


  2. Subject to the caveats previously mentioned, processing time varies from place to place, but in Boston, an approvable marriage case can be adjudicated in 4-8 months.

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