QUESTION

overstay and marriage

Asked on Mar 29th, 2014 on Immigration - Colorado
More details to this question:
I left voluntary the country afeter 11 months of overstaying my visitor visa. If I'll re enter the us without inspection, illegally, and get married to a US citizen, will I have the possibility of having a greencard?
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
The difficulty of entering the country without inspection is that you will not be able to adjust your status to permanent residence here in the country unless you have the benefit of §245(i) under which individuals can adjust status even though illegal upon payment of a fine amount so long as they had a labor certification application or I-130 petition filed by April 30, 2001. Also you are probably aware that by overstaying your visitor visa by 11 months, you are barred from the country for 3 years from the date of your leaving.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Apr 21st, 2014 at 2:00 PM

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