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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


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.

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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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