QUESTION
Will annulment affect an immigrant chances of green card?
Asked on Mar 03rd, 2015 on Immigration - Texas
More details to this question:
An immigrant who enter the US with B2 visa in March 2013, overstayed the date on the I94 but got married to an American. They have been married for 80 days now and the immigrant has not filed for green card yet. If both decide to annul the marriage because it was discovered that the American was not divorced for previous marriage, does the immigrant have to leave the country?
3 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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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. Did the immigrant marry in good faith or was it for immigration purposes only? I strongly suggest that the immigrant contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding his/her situation. (S)he would then be in a better position to analyze their case, and advise them of their options.
Answered on Mar 06th, 2015 at 9:34 AM
If someone enters a marriage without having first terminated a previous marriage, the new marriage will be deemed legally invalid, without any need for a divorce or annulment. In the situation you described, it may be possible for the U.S. citizen to complete a divorce, then "re-marry" the foreign national spouse, and then proceed with a marriage-based adjustment of status application. This is true notwithstanding that the foreign national long overstayed a visitor's visa (but note, until a valid marriage is entered and a properly prepared and documented Adjustment of Status application is filed, the foreign national will remain at risk of being placed in removal/deportation proceedings. It would be wise to promptly engage an immigration attorney to learn all of the relevant information about both spouses in order to advise about the appropriate steps to take now. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.
Answered on Mar 05th, 2015 at 2:51 PM
Bruce A. Coane
Any person who is out of status is subject to arrest and deportation proceedings. At the conclusion of deportation proceedings (which can take years), a judge may issue a decision ordering the person to leave the USA.
Answered on Mar 04th, 2015 at 9:56 AM