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If I overstay my visa and get married to US citizen at what point am I no longer subject for deportation?

Chicago, IL |
Attorney answers 4

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Once your application for adjustment of status based on marriage to a U.S. Citizen is pending, then you would not be subject to removal proceedings based on your unauthorized overstay. However, you could be put in removal proceedings or deported for many, many other reasons even after receiving a green card. Also, if you apply for a green card and are denied, that could land you in removal proceedings. Only U.S. citizens are truly "safe" from deportation.

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Once your adjustment of status is filed and pending. Work with your immigration attorney.

Gunda J. Brost Brost Law Office This advice does not form an attorney-client relationship and is merely informative. It should not by itself be relied upon to address a legal concern.


When and if you become an LPR you can do that.

The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.


If you haven't filed your adjustment of status application, then you are still subject to deportation/removal if you come under ICE radar or you commit some sort of violation that gets you arrested. Work with an attorney to submit your adjustment application. There are many forms and accompanying evidence to submit, and you want to ensure that your case is presented in the best light possible. There are also other inadmissibility grounds to consider before adjusting status and that is why it is important to have an attorney evaluate the facts of your case and advise you of the best option to pursue.

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