Overstaying a visa waiver and consequences?

Asked almost 2 years ago - Lake Oswego, OR

Hello. I am here in USA on a visa waiver and I am a Swedish citizen. I came to USA on April 2012 and stayed for 3 month and left back to Sweden and then came back here in August 2012, during this time I have met a girl and we want to be together and eventually get married, she is a us citizen. My question is that if I would overstay my visa waiver which ends on November 1 what will the consequences be? We are planning to get married within 6 month. I came here legally. Will I get deported if I try to file for adjustment of status and if not will I be able to stay in USA after getting married even if I overstayed? Thank you in advance for the help and advice.

Attorney answers (3)

  1. Myron Russell Morales

    Pro

    Contributor Level 16

    1

    Lawyer agrees

    Answered . A visa waiver overstay can adjust status to permanent resident through marriage to a a USC. But one of the rights that you waive when you enter on visa waiver is the right to go before an immigration judge if you are detected within the US after your authorized stay expires. It is not unusual for ICE to find you and deport you in this situation. So, now that you decided to marry, you should get married in a civil ceremony first for immigration and get something on file asap. In six months, you can have the ceremony with friends and family.

  2. Gen Kimura

    Contributor Level 18

    1

    Lawyer agrees

    Answered . I agree with my colleagues. Please at least consult with an attorney to know what types of documents you and your future spouse will need in order to file your immigration petition. You can also read the Form I-130 instruction.

    This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.... more
  3. J Charles Ferrari

    Contributor Level 20

    Answered . You become deportable without a court hearing.

    You should retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise you, and handle the case.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

27,999 answers this week

3,066 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

27,999 answers this week

3,066 attorneys answering