QUESTION

Can my husband be deported if his visa is expired but we are married?

Asked on Dec 26th, 2014 on Immigration - Texas
More details to this question:
Can my husband get deported if his visa has expired but we are married? My husband came over to the U.S. as my fiance almost 2 years ago, and was under the impression that his visa permission to the U.S. would be covered for the full 2 years. We had planned on marrying and have done so on Christmas Eve, but have now found that his visa was only valid for 90 days. Can he be deported if we are married? He is a British National and wishes to remain so, and I will become a dual citizen of both the U.S. and U.K.
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6 ANSWERS

Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. The short answer is that he can be deported. 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 situation. (S)he would then be in a better position to analyze your case, advise you of your options and, if possible, make sure that the necessary paperwork and documentation is properly presented so as not to delay the process.
Answered on Dec 30th, 2014 at 8:46 AM

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Intellectual Property Attorney serving Menlo Park, CA at Sheppard Mullin
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Unlikely. I suggest you file I-130 and I-485 concurrently.
Answered on Dec 29th, 2014 at 4:27 PM

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Criminal Law Attorney serving Las Vegas, NV at Reza Athari & Associates, PLLC
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You will have to apply for adjustment of status for him as soon as possible. I recommend that you seek assistance from a local attorney.
Answered on Dec 29th, 2014 at 4:10 PM

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Sexual Harassment Attorney serving Brooklyn, NY
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Yes; you need to act quickly and meet with an attorney.
Answered on Dec 29th, 2014 at 4:09 PM

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Business Immigration Attorney serving Houston, TX at Quan Law Group, PLLC
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Yes, he can be deported. You should consult with an attorney about an adjustment of status to permanent resident.
Answered on Dec 29th, 2014 at 4:09 PM

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Bruce A. Coane
Anyone who is here with no valid legal status could be deported after legal proceedings. I would recommend taking steps to get him in legal status. Feel free to contact our law firm of Coane and Associates if you would like to discuss the details of doing that.
Answered on Dec 29th, 2014 at 4:09 PM

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