QUESTION
Does marrying a US citizen waive being deported?
Asked on Jul 29th, 2011 on Immigration - California
More details to this question:
Friends are having their backgrounds checked as they are in the last year of waiting for their permanent green cards to be issued. The wife has the EB2 visa. The father and son have been working without proper work visas for several years now. Both father and son have always written in their alien card numbers issued on every employment application. None of the major US companies have ever denied them work for not having the proper ‘work visas’. These companies issued W2 and 1099 income statements. Could the father and son be deported? At this point the USCIS has marked their application files with ‘red flags’. Will their desires for green cards be put on hold? The son's pending marriage to a US citizen is eminent; would pushing it up preclude being deported?
5 ANSWERS
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
To properly answer your question about your friends I would need to know their complete immigration history. Employment-based cases require you demonstrate maintenance of status prior to filing the I-485 (or no more than 180 days out of status). Once the I-485 is on file with work card then they are not in status but in a period of stay authorized by the Attorney General which allows them to remain here. They may be eligible to pay a penalty fee if their case was started long enough ago or they can grandfather onto an older case. I wouldn't know without knowing the details of their history. Marriage to a U.S. citizen case is more forgiving about maintenance of status and you need only show a legal entry in most statuses - there are some exceptions (doesn't matter how many years ago) or eligibility to grandfather under an older case filed on their behalf. I suggest they consult with an immigration attorney to have their cases evaluated properly. They should know the answers to these questions if they were advised properly.
Answered on Aug 24th, 2011 at 6:35 PM
It appears that father and son seek to adjust status through the wife's employment based visa petition but are out of status or violated their status. This will prevent them from obtaining their green cards through this avenue. The son will be able to apply for a green card upon marriage as long as he entered the U.S. lawfully. The marriage will prevent a deportation order if the Immigration Service approves a U.S. wife's visa petition.
Answered on Aug 12th, 2011 at 5:51 AM
LCA Audits and Investigations Attorney serving Houston, TX
at
Fong Ilagan
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Yes, if they are working without authorization, they will generally be denied permanent residence, unless they can show that they are grandfathered for section 245(i), but that law expired April 30, 2001. Marriage to a US citizen and the subsequent petition would forgive unauthorized employment.
Answered on Aug 12th, 2011 at 5:49 AM
Contract Negotiations Attorney serving Miami Lakes, FL
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Florido & Associates, P.A.
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In my 20 years of experience, while working in the U.S. without the proper authority can be a basis for removal, it is usually overcome by marrying a U.S.C.
Answered on Aug 11th, 2011 at 1:01 PM
Immigration and Naturalization Attorney serving San Francisco, CA
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The Law Office of Christine Troy
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This kind of case requires a full in depth analysis. I am happy to schedule an initial consult to fully look at this case and to answer your questions. That takes about one hour and my fee is $150. Otherwise I recommend scheduling a consult with another competent immigration attorney.
Answered on Aug 11th, 2011 at 12:34 PM