More details to this question:
I am an Australian, I came to America on a tourist visa (B-2), I married a US citizen (we dated for close to 2 years before we got married). Our relationship is genuine. I over stayed my visa, as it's taken such a long time to get all our paper work together. I have no criminal record. Have entered the US previously and left on time and never before been deported. Will I be deported because I over stayed? Or will I be fined and what would the fine be?
16 ANSWERS
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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If you are not currently in deportation or removal proceedings, you should file your application for adjustment of status with USCIS as soon as possible. It's only taking about 4-6 months for immigration to process your paperwork before you are scheduled for your interview at the local USCIS office.
Answered on Jul 09th, 2012 at 8:48 PM
Immigration Law Attorney serving Long Beach, CA
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Law Offices of Brian D. Lerner
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*Request for Marriage and Adjustment of Status Application* A marriage proposal and application for adjustment of status must be prepared and presented. Our firm can prepare and send this petition to the USCIS office that initially resolved such requests. The work permit application is also presented and it usually takes several months to get cast. The last interview for the Green Card will be around one year after the filing of the petition. There are a myriad of different ways, exhibitions and information that needs to be completed. Any of these items, if done poorly, it could request denied or delayed indefinitely.
Answered on Jul 06th, 2012 at 6:14 PM
Assault Attorney serving Richardson, TX
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If your wife files for your residency you will not be deported.
Answered on Jul 05th, 2012 at 9:46 PM
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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On the facts you have given, you should not worry about deportation. However, since being illegal in this country is hardly a pleasant experience, your wife should file an immigrant petition for you. If the petition is done right, you will get an employment authorization card in about 3 months (and, with it in hand, you should be able to obtain a Social Security number and a driver's license). You might, in fact, receive Lawful Permanent Resident status ("green card") in several months; but more likely the Immigration will call you and your wife in for an interview to check whether your marriage is real.
Answered on Jul 03rd, 2012 at 3:54 PM
You will not be deported. You are eligible for a green card on the basis of a lawful marriage to a US citizen spouse, as long as you entered the US lawfully and can prove that lawful entry even if you have since overstayed. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter. I handle these types of cases for clients nationwide on a daily basis.
Answered on Jul 03rd, 2012 at 3:52 PM
Thomas J. Rosser
If you were granted lawful entry in B-2 classification and overstayed (even for years), but never departed since that authorized initial entry and subsequently married a US citizen who is now filing for spousal adjustment of status to lawful permanent resident (LPR) on your behalf, USCIS will generally grant you a waiver of your "overstay" period and process you for your I-551 "green card" as the immediate relative (spouse) of a US citizen. There should be no removal proceedings or fines involved. You may wish to consult an experienced immigration attorney to handle the concurrent petitioning processes (which can be somewhat lengthy and complicated) on your behalf under the circumstances.
Answered on Jul 03rd, 2012 at 3:07 PM
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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You will not be deported or fined as long as you file the adjustment documents.
Answered on Jul 03rd, 2012 at 1:15 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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You will probably not be deported for overstaying, but you will need to file for a waiver with your I-130 application. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your case. He/she would then be in a better position to analyze you case and advise you of your options.
Answered on Jul 03rd, 2012 at 12:33 PM
Generally, a foreign national who entered the U.S. lawfully and with inspection, and who then becomes married to a U.S. citizen, may adjust status in the U.S. in the "immediate relative" visa category to become a Lawful Permanent Resident (to get a "Green Card"). This is true even if the foreign national long overstayed his visa or even worked without authorization. Many other details are involved in determining immigration eligibilities, options and strategies and it would be wise to engage an immigration attorney to review all the details that apply to you and your spouse and to assist in the adjustment of status process.
Answered on Jul 02nd, 2012 at 4:54 PM
You should be fine. You can still apply for a green card based on your marriage without a fine if you entered the U.S. lawfully.
Answered on Jul 02nd, 2012 at 4:13 PM
Immigration & Naturalization Attorney serving Seattle, WA
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Orbit Law, PLLC
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Any individual present in the U.S. illegally or as an overstay in subject to deportation irrespective of Nationality or country of origin. As the spouse of a US Citizen, and someone who entered the U.S. legally i.e. with a valid visa, you are eligible to receive Immigration benefits based on your marriage; therefore, my advice is that you seek the counsel of an experienced Immigration attorney and have them prepare the requisite paperwork for you.
Answered on Jul 02nd, 2012 at 4:11 PM
Rebecca T White
You will want to contact an immigration attorney to discuss your options and your next step. But from what you describe you can most likely have your spouse file for your immigrant visa and adjust to permanent resident status. If I can be of further assistance please let me know.
Answered on Jul 02nd, 2012 at 4:11 PM
Real Estate Attorney serving Frisco, CO
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The Law Office of Eric A. Fisher, LLC
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If you are married to a US citizen, she should file an I-130 petition for you. AT the same time you can apply to become a lawful permanent resident. Absent a criminal record, you should not be arrested and deported. The filing fees are $1490, but there should be no additional fine for overstaying your visa.
Answered on Jul 02nd, 2012 at 4:10 PM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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You are fine to file for your green card if you are married to a US citizen (even if you overstayed your visa). There is no deportation. You just apply for a process called adjustment of status. It only takes 3 to 4 months from start to finish. There is no penalty for overstaying : ). Nothing to worry about in my opinion. I do many of these each month without any complication.
Answered on Jul 02nd, 2012 at 4:08 PM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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If you entered with a B2 visa(not visa waiver), you are fine to file adjustment of status with I-130 visa petition. No need to worry about your overstay.
Answered on Jul 02nd, 2012 at 4:03 PM
Your US citizen wife should file a family petition on your behalf to immigrant you. Based on the information you provided below, you will be able to adjust your status in the United States as long as you were admitted and inspected when you entered the US (i.e., your B-2 visa).
Answered on Jun 28th, 2012 at 3:00 PM