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Overstayed Visa and getting marry

Asked over 2 years ago - San Diego, CA

I was 12 and being brought over here with my parent who came to US with a visa from the Theology School. After two years, he changed his status to pending asylum. Afterward, we received a paper for removal procceding and we went to court. After couple meeting, the judge told my parent to file for sponsorship under my oldest sister who is a Citizen and been here for 13 years. Now where does that leave me? I'm 18 now. I have a driver license, and a social security that says for work only.

Me and my girlfriend been dating for 3 years, she is 20. We're planning to get marry and she just took her citizenship oath this month. May I file for adjustment of status? How long will it takes? And will any factor in my immigration in the past will cause me to be illegible to apply for this?

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Attorney answers (2)

John Manouchehr Manley

Reputation Level 11

Answered over 2 years ago. Immigration Attorney in Los Angeles, CA.

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Hello,

Your parent might have been able to adjust his status in court through your U.S. citizen sister. However, you could not have followed (in other words: have been a derivative) on that application. It sounds like both you and your parent were under removal proceedings. So, you need to find out what happened with your file. Did the court enter an order of removal for you? Are you still under the jurisdiction of the removal court system? The answers to these questions will determine whether or not you can adjust your status. You should obtain a copy of your file. You should consider hiring an attorney before proceeding with any application through marriage.

I hope this helps

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Lynne Rogers Feldman

Reputation Level 15

Answered over 2 years ago. Immigration Attorney in San Diego, CA.

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You need to look at exact date of the I-130 approval for your parent through your sister. You are entitle to derivative status through that peittion if you are unmarried and under 21. In most countries you woudl be close to being curernt. Would also need to know if the removal case was still active -- thsi seems like a long time for the Judge to just keep it pending.

If you were to marry again the procedure would depend if there is a pending removal case against you, was this dismissed, were you order deported in absentia for failure to make a court date? If no pending removal action, could file an I-130/I-485 through your spouse but your attorney will want to know the answers to the questions above to properly advise you.

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