QUESTION
Will I be deported because I overstayed with my visa?
Asked on Dec 26th, 2011 on Immigration - California
More details to this question:
I move here to this country when i was 9 years old with a visa and passport. I over stayed and I am now 20 years old. When my husband sponsors me next week, who is a US Citizen, will I be sent back to Mexico because I over stayed with my visa?
12 ANSWERS
More information is needed. At worst, you should be given a chance, but sometimes, parents hold back information from their children.
Answered on Jul 08th, 2013 at 2:23 AM
Immigration Law Attorney serving New York, NY
Partner at
Oltarsh & Associates, P.C.
He can sponsor you but you cannot obtain residence in the U.S. unless you entered legally, were inspected or are the beneficiary of a petition filed before April 30, 2001.
Answered on Jan 08th, 2012 at 12:57 PM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
No way to answer definitively without a complete review of your situation - do you have a criminal record? Were you ever removed? Did you ever return to your home country or leave the U.S. after overstaying your visa? is your marriage a good faith marriage? What type of visa did you enter on - visitor, crewman, etc? If otherwise a clean case except for the overstay then you should be fine and can expect permanent residency within four months of filing in most cases.
Answered on Dec 30th, 2011 at 9:53 PM
Immigration and Nationality Attorney serving Chicago, IL
at
Simvisa
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If you entered the United States legally, with a passport, and have proof of legal entry (the "white card" in your passport) you should be able to adjust status to permanent residency based on marriage to a US citizen, without leaving the United States.
Answered on Dec 29th, 2011 at 1:02 PM
Real Estate Attorney serving Frisco, CO
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The Law Office of Eric A. Fisher, LLC
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If your husband is a US citizen and you never left the US since arriving at age 9, you should not be deported if the marriage is valid and you have no criminal record. You should speak with an immigration attorney if you have any doubts about this.
Answered on Dec 29th, 2011 at 11:52 AM
Personal Injury Law Attorney serving Pooler, GA
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Jarrett & Price, LLC
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You need to speak with an immigration attorney to review your situation. If you entered legally, married a US Citizen, and are otherwise admissible, you qualify to adjust your status while remaining in the US. However, qualifying does not guarantee approval of the petition. You should seek the assistance of counsel before moving forward with your petition.
Answered on Dec 29th, 2011 at 11:48 AM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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You will be fine under section 245(a). It forgives the overstay and unauthorized employment. Hire a good lawyer.
Answered on Dec 29th, 2011 at 11:43 AM
No, you should be eligible for an adjustment of status. Consult with an immigration lawyer before filing anything on your own.
Answered on Dec 29th, 2011 at 11:26 AM
Litigation Attorney serving Goose Creek, SC
at
Miller | Conway
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Based on the facts provided you will be able to adjust status and your overstay will be forgiven.
Answered on Dec 29th, 2011 at 11:15 AM
Immigration Law Attorney serving Los Angeles, CA
at
Law Offices of Alan R. Diamante APLC
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No. Since you entered with a visa, he can petition you without the necessity to leave or fear deportation.
Answered on Dec 28th, 2011 at 11:50 PM
Rebecca T White
From what you have stated, your husband should be able to file an I-130 immigrant visa petition for you, and a I-485 at the same time. You should be able to obtain a work permit, a social security number, and then the greencard based upon a legal entry followed by an overstay.
Answered on Dec 28th, 2011 at 8:40 PM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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Not the case. The good news is that you can apply for a green card even if you overstayed your visa. There is no penalty for this either. So you can get your green card in about 3 to 4 months without having to go back to Mexico. Please consult with an immigration attorney.
Answered on Dec 28th, 2011 at 8:04 PM